Diary Number 18263 Name of the Complainant SH VIKAS MAHARAJ, VICE PRESIDENT. Address PEOPLE'S VIGILANCE COMMITTEE ON HUMAN RIGHTS, SA-4/2-A, DAULATPUR,VARANASI-221002,U.P. UTTAR PRADESH , UTTAR PRADESH Name of the Victim CHABOO LAL & HIRAWAT Address PEOPLE'S VIGILANCE COMMITTEE ON HUMAN RIGHTS, SA-4/2-A, DAULATPUR,VARANASI-221002,U.P. UTTAR PRADESH , UTTAR PRADESH Place of Incident JAUNPUR JAUNPUR , UTTAR PRADESH Date of Incident 11/27/1998 Direction issued by the Commission Prof. Vikas Maharaj, Co-Chair, People's Vigilance Committee on Human Rights has drawn the attention of the Commission towards a newspaper report published in "Rashtriya Sahara" Lucknow Edition dated 18.11.1998. The newspaper report indicated that Shri Chhabu Lal and his daughter, Hiravati Devi were killed in police firing. The complainant apprehended that the victims being helpless and poor, may succumb to the pressure of the police and, therefore, an independent inquiry may be conducted. Upon receipt of the complaint, the Commission issued notice to SSP, Jaunpur, U.P. for sending response in six weeks. SSP, Jaunpur failed to send the report despite repeated reminders dated 5.3.1999, 16.4.1999, 4.6.1999 and 22.7.2003. In view of the non responsive attitude of SP, Bareilly, Commission vide proceedings dated 2.6.2005 directed Registrar(Law) to write a D.O. letter to the DGP, U.P. enclosing therewith a copy of the complaint, last proceedings of the Commission and the reminders so issued to ensure that the requisite report be sent to the Commission within four weeks, failing which, the Commission shall be constrained to invoke provisions of Section 13 of the Protection of Human Rights Act, 1993. Pursuant to this direction, SP, Jaunpur responded vide communication dated 22.9.2005 and informed the Commission that in respect of incident in question, three separate cases bearing FIR No. 453A/98 and 453B/98 were registered. FIR No. 453/98 u/s 147/148/149/323/504/506/307/336/332 IPC was lodged against deceased Chhabu Lal, Jai Hind, Hiravati and others. This FIR was lodged on the complaint of Shri Chhotey Lal. After investigation, the chargesheet was filed and the Court of Addl. Sessions Judge, Jaunpur acquitted all the accused persons vide order/judgment dated 6.12.2004. FIR No. 453A/98 u/s 302 IPC was lodged against two unnamed police officials. This case was investigated by CBCID. During investigation, the offences u/s 3(2) & (5) SC/ST (Atrocities Act, 1989) were added. After investigation, the chargesheet was filed on 21.7.2001 against Constable Piyush Kant Rai and Constable Daya Shankar Sonker. The Court of Addl. Sessions Judge vide order/judgment dated 6.12.2004 acquitted Constable Daya Shankar Sonker. However, the Court found Constable Piyush Kant Rai guilty and sentenced him to life imprisonment and a fine of Rs. 10,000/-. Constable Piyush Kant Rai is going under life imprisonment. FIR No. 453A/98 u/s was lodged against Jai Hind, deceased Chhabu and others. In this case also, the Court of Addl. Sessions Judge vide order/judgment dated 6.12.2004 acquitted all the accused persons. The perusal of the report also indicates that the cognizance of this matter was also taken by U.P. SC/ST Commission. The Commission has gone through the record. The perusal of report dated 22.9.2005 clearly indicates that the charge sheet was duly filed against the accused person and constable Piyush Kant Rai is undergoing life imprisonment in the present case. In the circumstances, no further intervention on the part of the Commission is called for. Hence the report is taken on record and the case is closed. Action Taken Concluded and No Further Action Required (Dated 3/7/2006 ) Status on 3/31/2006 The Case is Closed.

Note: For further details kindly contact National Human Rights Commission

Thursday, March 30, 2006

Shruti was born on 2nd January 1975 in Varanasi city. She was born in a conservative upper caste family. Her father was a Development Officer in Life Insurance Company. She is the eldest among four members, namely one brother and three sisters. She studied up to intermediate (Pre-University studies) at Basant Kanya Vidyalaya founded by Annie Beasant of the Theosophical Society of India.

Right from her childhood, Shruti used to get disturbed with social anomalies, exploitation and very specially looking at the big gulf between the rich and the poor where the poor of Varanasi city go to bed without food. She, in spite of the opposition from her parents gave food to the poor and the deprived.

On 22 Feb. 1992, she got married to Dr.Lenin. After this, in spite of the many pressures from her in-laws, she daily walked two kilometers to Uday Pratap College and completed her graduation. In 1994 she along with her husband was expelled from the house by her in-laws and lived in extreme constraints in a rented room.

From 1996 to 1997 she was the District General Secretary of Bachpan Bachao Andolan ( Save Childhood Movement), a national movement against child labour. PVCHR was formed in 1996 in collaboration with famous Hindi poet Gyanendra Pati, internationally well known Sarod maestro Vikash Maharaj, Historian Dr. Mahendra Pratap Singh and Human Rights activist and her husband Dr. Lenin.

On 24 Jan 1998, a son was born to Shruti and Lenin and they named him Kabir, the name of the great poet saint who sang songs on communal harmony and against social evils in the 16th century.

In 1999, Shruti became the managing trustee of Jan Mitra Nyas(People Friendly Trust), the governing body for running PVCHR. Shruti is the co-initiator of Jan Mitra villages, which empower the dalit communities and very specially women and children based on the Universal Declaration of Human Rights of United Nations Assembly of 1948.

Because PVCHR could not take up all the cases of human rights violation of women, Shruti founded Savitri Ba Phule Women’s Forum. Savitri Ba Phule is the first Indian woman to become a teacher and founder of the first shelter home for the battered women victims. When her husband died Savitri went against the social traditions by accompanying the dead body and also lighted the pyre. The Forum celebrates 10th March as Indian Women’s Day, as this is the death anniversary of Savitri Ba Phule. Today in UP many other organizations have followed Shruti and celebrate this day very solemnly. Savitri Ba Phule Women’s Forum has initiated discussions on caste discrimination, gender discrimination, patriarchy, Brahminical oppression etc. and thus empowers the women members to withstand these evils.

Shruti’s younger sister Anupam, who is a divorcee had to return to her home. Her brother started troubling her even to the extent of physical violence, for the fear that she would claim for ancestral property rights, which would be his own if she were to remain in her in laws’ home. Shruti had to step in against her own brother and take legal action by which today her brother is out of home and Anupam is living a respectable life herself fighting against social exploitation of women. Shruti is the model for Anupam and many other women.

Wednesday, March 29, 2006

Carn Abella: WELCOME to the RMAF's "Thursday Chats with Magsaysay Awardees". We are honored that CHIEF JUSTICE HILARIO DAVIDE, our 2002 Awardee for Government Service will join us in today’s chat interaction. Welcome Hon. Chief Justice Davide! We are also glad to welcome the faculty and students of Pamantasan ng Lungsod ng Maynila (PLM) - Law Center, headed by Dean Ernesto Pineda. Also, welcome to Val Baac and Donna Lagdameo from the Graduate School of Public Development and Management- DAP. Welcome to the students of Ateneo Law School, Toby Purisima of the Ateneo Law Journal and Analiza Su, Student Council VP for External Affairs. We are also glad to welcome a participant from India, Dr. Lenin Raghuvanshi, Convenor and Founder of the People's Vigilance Committee on Human Rights (PVCHR).

Chief Justice Davide: Good afternoon

Carn Abella: Before we begin the session, allow me to state why the Foundation has set-up this chatroom in the RMAF website. We believe that one of the best ways to spread the good news about the lives and work of over 200 Magsaysay Awardees is to have as many people as possible meet and converse with these outstanding individuals. Internet technology allows us to have the rare opportunity to chat on line and in real time with our Magsaysay Awardees also known as Asia's Living Heroes.

Carn Abella: In this one hour session, you will have the chance to get first hand updates on Chief Justice Davide's current work and thoughts on THE RULE OF LAW IN TIMES OF TRANSITION and JUDICIAL REFORMS TO SUSTAIN DEMOCRATIC GOVERNANCE. Please be reminded that we have only one hour so may I request that we state our questions and ideas in brief and concise form. At this point may we now request our Awardee to state his thoughts about the topic afterwhich we request the other chat participants to join in the discussion or post their questions.

Chief Justice Davide: The rule of law is a universal democratic concept. which should be true at all times not just in times of transition. without the rule of law there will be chaos and instability and transition may result not in the accomplishment of the desired objective which is the promotion of democracy but may itself be a deterrent to the strengthening of democracy.

Chief Justice Davide: It is even believed that democracy and the rule of law contradict each other yet the rule of law is vital precisely in sustaining democracy.

Chief Justice Davide: As to judicial reform to sustain democratic governance, it can even be truly said that since the judiciary is the last bulwark of democracy and the bastion of liberty reform in the judiciary is the key to sustain and promote and strengthen democracy. indeed, judicial reform is the key to good governance and good governance ensures the preservation of democracy.

Carn Abella: Can I invite the chat participants to react to the Chief Justice's initial thoughts or post their questions now?

Val: Miss Carn Abella, this is Val from DAP. I have a question for the Hon. Chief Justice: "As a co-equal branch of government, what measures are being undertaken by the SC with regard to the preservation and strengthening of the democratic process(es) in our beloved country the Philippines?"

Chief Justice Davide: We are aggressively pursuing the vision-mission statement under the Davide Watch, which is a judiciary that is independent, effective and efficient and worthy of public trust and confidence. this means that the pursuit of excellence in ensuring the delivery of speedy, fair, impartial and equal justice must at all times be the goal of the justice system

Toby: Mr. Chief Justice, it is said that history has shown that good and impartial magistrates lend stability to their people. Judges should not only be impartial and honest but also appear to be impartial and honest if they are to gain and maintain the trust and respect of the people. A good judge will rather be right than popular, and that is not an easy thing to do. It has been said that the best assurance of a truly independent judiciary is the conscience of upright and God-fearing judges. How do you react to this, Your Honor?

Chief Justice Davide: Democracy is best preserved only when justice is done for it has been truly said that people may be able to endure poverty but never injustice.

Chief Justice Davide: to Toby: I fully agree with you, for indeed that is exactly what we demand from our magistrates. magistrates do not just administer and dispense human justice but God-inspired justice, based on truth and love and fear of God.

Donna: What role does the rule of law play in times of people power?

Carn Abella: Welcome Dr. Lenin from India. We understand that you are actually joining us from Nepal right now. Please feel free to post your questions and ideas to the Chief Justice.

Toby: Thank you very much, Your Honor.

Chief Justice Davide: to Donna: as I have said the rule of law must be true and also preserved at all times. people power is fundamentally based on the right of the people to demand justice, to prevent oppression, for the full enjoyment of their constitutional rights and guarantees. people power is even essential in any democratic society and for as long as it is not for any evil motive but only for the good of the country and in accordance with the constitutional principles, the rule of law is preserved for verily the rule of law includes people empowerment.

pvchr: I believe in democracy . I know the role of judiciary in era of conflict.

Anna: Mr. Chief Justice, in relation to what Toby posted, I think it is essential in a Third World country like ours that the members of the judiciary appear impartial. What has been the SC doing in order to preserve an appearance of fairness and impartiality especially during these times?

pvchr: I want to know about role of judiciary. What is your opinion?

Carn Abella: CJ, Sir, would you have any thoughts on the role of the judiciary specifically in times of conflict, as Dr. Lenin intimated?

PLM Community: We are delighted to have a chat with our Supreme Court Chief Justice Hilario Davide today. The PLM Community is represented by the Dean of the College of Law, Atty. Jose M. Roy, the Dean of the College of Liberal Arts, Ms Julieta Hernandez, Law and Liberal Arts professors and students, and the fellows from the Ramon Magsaysay School of Public Governance of PLM.

Anna: I ask that Your Honor because people's opinions more often than not precede from impressions.

Val: CJ, Sir, If there is any legacy that the Davide administration of the SC would best be remembered - what would that be?

Chief Justice Davide: to Anna: we have been doing everything not only to be truly fair, impartial and objective and to appear as such. we want our impartiality and fairness not only to be virtuous from within but virtuous to be perceived and seen. indeed, there are criticisms against the court and against the justices during these times but as i have repeatedly said we are strengthened in our resolve never to yield to any sinister plot that seeks to undermine the integrity and the dignity of the Supreme Court and its members and the entire judiciary. against these attempts to smear us, we shall prevail because we know that we have not done anything which good men may consider as inconsistent with the demands of fairness, objectivity, impartiality.

Carn Abella: CJ, Sir, in response to Val's question, would you like to refer him to your 10-point judicial reform agenda? This may also enlighten Dr. Lenin and the others

Chief Justice Davide: to Val: frankly, it might still be too early to determine which should be the best legacy. however, I would say that the successful implementation of our comprehensive judicial reform program under our action program for judicial reform may be easily considered one of them.

pvchr: CJ, Sir, I want to know about role of judiciary in era of conflict. What is your opinion?

Chief Justice Davide: Our reform agenda is embodied in what I stated earlier as the action program for judicial reform or APJR. it covers all areas of the justice system to ensure what I had envisioned in the vision-mission statement of the Davide Watch of independence which carries with it accountability and effectiveness and efficiency and the strengthening of the faith and confidence of the people in the system. the APJR is comprised of 6 components, the court systems component which shall address the issue on procedures to ensure speedy delivery of justice, the 2nd is institutional development component which seeks to strengthen the system by way of greater fiscal autonomy and independence from the other organs of government specially in the matter of appointments to the judiciary, the third is human resource development which I need not elaborate because it means recruitment, promotion, retention and compensation. the fourth is institutional integrity which addresses the issue of graft and corruption and installs measures to prevent graft and corruption therefore develop high moral values

Chief Justice Davide: the 5th is access to justice by the poor. this responds to what I said earlier that people may be able to endure poverty but never injustice. in this area we have measures that guarantee not only substantive and procedural steps to bring justice to the poor and the underprivileged and 6th, the reform support system component. this is the area where we would institutionalize the reforms and make them as the reforms not just of the supreme court but of all the stakeholders of the justice system through education, information, communication and sustain funding.

Carn Abella: CJ Sir, thank you for the concise summary of your reform areas. Perhaps the chat participants can focus their questions on the APJR that the CJ has mentioned, and chat with him on the progress of these reforms as well as the major obstacles he is facing in pushing for the reform actions to be implemented

Chief Justice Davide: Would the others wish to repeat their questions?

Toby: Your Honor, you have consistently said that you are willing to die for the Judiciary. Reflecting on the current drama involving our country's judicial institutions, where do you draw inspiration to continue your vocation as a zealous public servant?

Anna: Mr. Chief Justice, can you please comment on the observation that there is too much judicial intervention in our country?

Chief Justice Davide: to Anna: if by judicial intervention you mean intervention in cases filed before us, yes. that is our constitutional duty to decide actual controversies involving rights which are demandable and to determine whether any other organ or agency of the government has acted without jurisdiction or in excess of jurisdiction amounting to lack of jurisdiction. when cases are filed before the courts we cannot shirk from our responsibility and duty to resolve them.

Chief Justice Davide: to toby: I draw inspiration from the light from above, the Supreme Law Giver and from my oath as Chief Justice which demands total and absolute commitment to duty and loyalty to the service

PLM Community: Mr. Chief Justice, up to what extent should the rule of law be subject to equity considerations?

Chief Justice Davide: to Dr. Lenin: distinction may be necessary to determine what kind of era of conflict you are referring to. if it is a conflict cost by war, on the assumption that court could still function, the court can stand as the bastion of the rights and freedoms of the people and the bulwark of justice, if the conflict is because of conflicting ideologies and cases are brought before the court, the court can be a catalyst in determining and resolving the conflicts in accordance with the fundamental law.

Chief Justice Davide: to PLM: the rule of law is of course based on law, meaning it is observance of the constitution and the laws enacted pursuant to the constitution. frankly, I cannot answer now to what extent would equity have in the consideration of the rule of law although when it comes to deciding cases we always say that our courts in the Philippines are courts of both law and equity.

Val: Thank you very much CJ, Sir for the time you have shared with us. Mabuhay po kayo! Daghang salamat sa imong matinagdanong kagawian.

Anna: Mr. Chief Justice, can you please comment on another observation that the manner of appointing members to the higher courts needs a reevaluation? If so, would the judiciary play a role in that or would that be entirely legislative and executive work?

Val: CJ, Sir can we still give more teeth to our Barangay Justice System?

Chief Justice Davide: to Anna: if you refer to some changes in the composition of the judicial and bar council the same can be done only by way of a constitutional amendment. let me stress, however, that the judicial and bar council has promulgated a set of rules to guide the council in the evaluation and assessment of the qualifications of candidates for vacancies in judicial posts and in every case the council will submit to the president a list of at least three nominees for every vacancy.

SC-PMO: With Your Honor's permission, may I take this space to inform everybody that should they have further questions on the Reform Program of the Judiciary, they may contact the PMO at 552-9579 to 88 or they may e-mail us their queries at jrp1@supremecourt.gov.ph or they may visit the office at the 6th floor Supreme Court Centennial Bldg., P. Faura cor Taft Ave.

Chief Justice Davide: Thank you very much and may God bless you all. Good day.

Chief Justice Davide leaves chatroom

Carn Abella: Thank you, Mr. Chief Justice, for your enlightening and gracious responses to the many queries and comments. Thank you also to our very active participants.

Sunday, March 26, 2006

INDIA: Arbitrary arrest and fear of extra-judicialkilling by police personnel in Varanasi

Name of victim:Kaju Rajbhar and Paru Sonkar,R/OBaghawanala,VaranasiName of alleged perpetrators:Police personnels of JaitPura Police station of Varanasi, IndiaDate of incident:26 March,2006,Near about 4AMPlace of incident:Jaitpura Police Station, Varanasi

I am writing to voice my concern about the continuedabuses perpetrated by the police in Varanasi, whichhave, most recently, resulted in the arbitrarydetention of Kaju Rajbhar and Paru Sonkar. On 26 March 2006, at 5AM, Mother of Kaju and wife ofParu reported to PVCHR that his son Kaju and Parurespectively has been forcibly arrested one hourearlier from Home.Police entered in home forcefullyand abused them. Mother of Kaju and wife of Parususpected that his son and his husband would be killedby the police in an extra-judicial killing which wouldthen be labeled as an encounter by the police. Policeof Jaitpura arested both them earlier also and loadgedfake cases against both of them.Kaju was under 18years at that time,but they sent him jail.RecentalyCourt of Varanasi declared him as Juvenile duringdetention. I am shocked at the failure of the police to followthe guidelines of arrest and detention outlined by theSupreme Court in the D.K. Basu case, which are alsoincluded in the Criminal Code of Procedure; theirfailure to respect the fundamental rights given to allIndian citizens under the Indian Constitution; andtheir lack of concern for the implementation of theUniversal Declaration of Human Rights and theInternational Convention of Civil and PoliticalRights, both of which India has ratified. Thefundamental disrespect for human life the police haveshown for the victim, and their willingness todisregard the rules of arrest and to falsify reports,points to a decay in the rule of law in Varanasi.

I therefore urge you to take immediate action toinvestigate the events surrounding the Arbitraryarrest of Kaju Rajbhar and Paru Sonkar, to ensure thatall those police officers found responsible areprosecuted, and to ensure that compensation isprovided to the victim’s family. I also urge you totake steps to ensure that the police in Varanasidisplay a greater understanding of their obligationsto those under their protection, the people ofVaranasi district, so that incidences such as this donot occur in the future.

Finally, I take this opportunity to remind theGovernment of India that its current domesticmechanisms lack the ability to prevent policebrutality and torture. To remedy this, India mustcriminalise torture and as the first step in theprocess must ratify the International Conventionagainst Torture and other Cruel Inhuman or DegradingTreatment or Punishment. Until this is achieved,police brutality and torture will only continue tooccur.

UNITED NATIONS: A second chance for all - the AHRC welcomes the establishment of the United Nations Human Rights Council.

The first step on a new road towards the worldwide enjoyment of human rights and the protection of victims was taken yesterday, with the creation of the United Nations' Human Rights Council, following a resolution adopted by the UN General Assembly. This adoption, by a vote of 170 to four with three abstentions, underlines the universal ownership of human rights. The Asian Human Rights Commission welcomes this significant step and sincerely hopes that the body's establishment will herald a new and positive era in the implementation of all human rights for all.

New impetus has been required for some time, with the soon to be abolished Commission on Human Rights having progressively lost credibility, notably due to the inclusion of some of the world's worst human rights violators as its members and the lack of effective implementation of its recommendations. The Commission was established in 1946 and has played an important role in advancing the human rights debate and producing a framework of laws, standards and mechanisms. However, times have changed since the Commission's inception. As was stated by United Nations Secretary General Koffi Anan, in his address to the Commission in 2005, "the era of declaration is now giving way, as it should, to an era of implementation."

The AHRC gives primacy to the implementation of human rights laws and standards and sees in the new 47-member Council an opportunity to bring about such greatly needed measures. Implementation requires moving from the discussion of human rights and establishment of standards to the concrete improvement of the situation of actual or potential victims, the protection of persons from violations and an end to the impunity that accompanies even the gravest abuses in many parts of the world, including in the majority of Asian countries. Such improvements regarding human rights benefit everyone; not only individual citizens, but the States themselves. The development and security of States and persons fundamentally require the protection and enjoyment of human rights.

The resolution establishing the Human Rights Council provides new standards and procedures for the election of members, notably through an absolute majority of at least 96 positive votes, which should allow grave violators of rights to be excluded from Council membership. The Commission has previously been greatly undermined by the membership of States seeking to protect themselves from criticism rather than uphold rights. States are urged to only elect members that express a clear commitment to human rights and have a record to back their claims. It is therefore essential that regional groups present a range of candidates at least thirty days prior to the elections, which are set for May 9, 2006, so that each candidate's human rights record can be evaluated. The standards and credibility of the Council will be defined by those of its members.

In meeting more regularly than its predecessor, the Council enables the possibility of greater speed of reaction with regard to grave crises, as well as a more continuous monitoring of human rights throughout the world. Violations committed at any time, in any place, should now face greater scrutiny, with the Council also having the possibility of convening emergency sessions to address particular crises in a timely manner. Advances in technology and communications permit unprecedented amounts of up to date information to be available, making a more continual monitoring capacity for the central UN human rights body both logical and necessary.

Furthermore, the Council also comprises a system of universal review, under which all States will have their rights records examined. Recommendations stemming from this process must be followed. The success of the Council depends on the good will of its members to uphold the values and honour the commitments made at its inception. Member States must show real commitment to human rights and ensure full cooperation with the Council and its mechanisms. They must also pledge to address human rights situations elsewhere with objectivity. The implementation of recommendations and resolutions is an area in which great progress is needed - this should be a fundamental yard-stick with which States' cooperation and good faith with regard to the Council should be measured.

The onus also lies upon civil society to ensure its effective participation in the new workings of the UN's human rights mechanisms. The members of civil society have a continuing crucial role to play, notably given that the Council will continue with the practice of adopting country-specific resolutions. Non-governmental organisations must ensure that their participation in the proceedings and provision of information to the Council evolves to accommodate the newly available prospects. Such involvement is vital, both in terms of the existing special rapporteurs and other special procedures, which will be carried over to the Council, as well as in terms of involvement in the Council's sessions. The Council is set to meet at least three times per year for a total of ten weeks, plus any additional emergency meetings. Civil society is presented with an opportunity to revitalise its activities in favour of human rights within the United Nations system.

The AHRC reiterates its support for the new Human Rights Council and urges all participants to ensure a successful new beginning, based on the shared and lofty ideals enshrined in human rights laws and standards, and to pursue the fundamental goal of the protection of all individuals' human rights with renewed good faith.

The Asian Human Rights Commission (AHRC) has received information from its local partner, the Peoples’ Vigilance Committee for Human Rights (PVCHR), regarding human rights violations in Varanasi, India, at the hands of local police officers who act with complete impunity. In this latest incident Santosh Kumar Singh was forcibly and arbitrarily detained and later shot-dead by the police, who have labeled the killing a death by an ‘encounter’.

On 31 January 2006, at 10pm, Mr. Subedar Singh reported to PVCHR that his son, Mr. Santosh Kumar Singh (alias Sanjay Singh) had been forcibly arrested two hours earlier while buying vegetables in Pahadia. Mr. Subedar Singh suspected that his son would be killed by the police in an extra-judicial killing which would then be labeled as an encounter by the police. He requested that the PVCHR save his son’s life. The next morning local newspapers reported the death of the victim in an encounter with police.

The PVCHR has demanded that a First Information Report (FIR) be registered against Mr. Vivek Singh, the police officer in charge of Sarnath Police Station, under sections 302 and 368 of the Indian Penal Code. The victim’s father also lodged complaints with the National Human Rights Commission (NHRC), the district magistrate of Varanasi and the Senior Superintendent of Police of Varanasi on 31 January, soon after his son was taken into custody. No action however, has been taken by any of the authorities.

It is important to note that this so-called ‘encounter killing’ is not an isolated case but rather a part of an increasingly common practice in India involving law enforcement agencies and the occurrence of extra-judicial killings (see UA-079-2006 and UA-003-2006). Likewise, the fabrication of FIRs by the police is also not uncommon (see also UA-145-2005).

This case, and others like it, describes a pattern of police brutality imposed upon the people of Varanasi leading to a general collapse in the rule of law. Rather than viewing law enforcers as those to seek protection from and those who uphold the law, citizens are increasingly seeing them as those to avoid and those most likely to break the law. Such cases also reaffirm the AHRC’s observation that India lacks adequate mechanisms that can prevent police brutality and torture. India must criminalise torture and as the first step in the process must ratify the International Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment. India has signed the convention but failed to ratify it on the pretext that the existing domestic mechanism is equipped in preventing torture and similar violence committed by law enforcement agencies. This case, and the other examples given, however, clearly demonstrate that it is not.SUGGESTED ACTION:

Please send a letter to Mr. Navneet Sikera, the Senior Superintendent of Police, Varanasi District Uttar Pradesh who is officially responsible to initiate inquiry and action in this case and to ensure that strong disciplinary and criminal action is taken against those police officers who arbitrarily detained and murdered the victim, and have falsified their reports regarding the events. We request that you please send copies to the other relevant authorities mentioned below.

Name of victim: Santosh Kumar Singh, alias Sanjay Singh, son of Subedar Singh, and resident of Anand Bihar Colony, Varanasi DistrictName of alleged perpetrators: Mr. Vivek Singh, Officer in Charge (OIC) of Sarnath police station and other officers under the command of the OIC, Sarnath police station, Varanasi District, Uttar Pradesh Date of incident: 31 January 2006Place of incident: Sarnath Police Station, Varanasi District

I am writing to voice my concern about the continued abuses perpetrated by the police in Varanasi, which have, most recently, resulted in the arbitrary detention and murder of Mr. Santosh Kumar Singh.

I am shocked at the failure of the police to follow the guidelines of arrest and detention outlined by the Supreme Court in the D.K. Basu case, which are also included in the Criminal Code of Procedure; their failure to respect the fundamental rights given to all Indian citizens under the Indian Constitution; and their lack of concern for the implementation of the Universal Declaration of Human Rights and the International Convention of Civil and Political Rights, both of which India has ratified. The fundamental disrespect for human life the police have shown for the victim, and their willingness to disregard the rules of arrest and to falsify reports, points to a decay in the rule of law in Varanasi.

I therefore urge you to take immediate action to investigate the events surrounding the death of Mr. Santosh Singh, to ensure that all those police officers found responsible are prosecuted, and to ensure that compensation is provided to the victim’s family. I also urge you to take steps to ensure that the police in Varanasi display a greater understanding of their obligations to those under their protection, the people of Varanasi district, so that incidences such as this do not occur in the future.

Finally, I take this opportunity to remind the Government of India that its current domestic mechanisms lack the ability to prevent police brutality and torture. To remedy this, India must criminalise torture and as the first step in the process must ratify the International Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment. Until this is achieved, police brutality and torture will only continue to occur.

The Asian Human Rights Commission (AHRC) has received information regarding human rights violations in Varanasi, India, at the hands of local police officers who act with complete impunity. In the latest series of incidents an innocent school student was brutally beaten, a man was tortured in police custody and another man was shot-dead by the police.

The following cases were reported to AHRC by Peoples’ Vigilance Committee for Human Rights (PVCHR), a local human rights organisation based in Varanasi:

Case No. 1Name of victim: Mr. Pransu Bajpeyi, resident of S.7/3 Golghar, within the jurisdiction of Kachahari police station Cantonment; student of Commerce of Class XII at St. John’s School, Maruli, Varanasi, Uttar PradeshName of alleged perpetrator: Inspector of Police, Mr. Jagdamba Prasad Dwivedi from Manduvadih police station, Varanasi, Uttar PradeshDate of incident: 6 April 2005Place of incident: Gates of St. John’s School, Marauli, Varanasi under the jurisdiction of Manduvadih police station

On 6 April 2005, Pransu Bajpeyi, a student in class XII at St. John’s School, Marauli, was standing at the front gates of his school. Without warning Pransu was pulled by his hair and dragged to the ground by Police Inspector Jagdamba Prasad Dwivedi. The Inspector questioned Pransu as to why he was standing at the gate. Pransu answered that he was a student of the school and was waiting to enter. Upon hearing this, the Inspector severely beat Pransu. Fellow police officers at the scene allegedly called on the Inspector to stop, but to no avail. Pransu was badly injured by the assault and sustained a fractured hand.

After the incident Pransu went to the Manduvadih police station and attempted to lodge a complaint but he was refused a hearing and no complaint was lodged. Pransu also sent a complaint to the Superintendent of Police in Varanasi. Despite this no action has been taken against the Inspector to date. Pransu is undergoing continued medical treatment for his injuries in Shiv Prasad Gupta Hospital, Varanasi.

This case highlights one of the many flaws in the existing law in India where if a person needs to complain about a police officer, particularly in torture cases, he has no alternative but to approach the very same police station where the alleged perpetrator is stationed. This situation regularly leads to the unwillingness or failure of the police to accept and lodge the complaint.

On 15 June 2004 Mr. Vijay was brought before Mr. Prahlad Singh, the Judicial Magistrate in Varanasi. Though the police requested for remand custody of Mr. Vijay, the Magistrate refused any further custody and released him forthwith. The Magistrate, while examining Mr. Vijay noted injuries to his body and observed that he was produced in court in handcuffs which is against the directives of the Human Rights Commission. The order of the Magistrate, a copy of which was also ordered to be served upon the Senior Superintendent of Police Varanasi, is shown below:

Today on 15-6-04 an accused named Mr. Vijay alias Chahetu Maurya son of Vanilal resident of Rampur village under the jurisdiction of Ramnagar police station Varanasi district, Uttar Pradesh was brought before me under police custody. I went through the medical report of the accused. Having observed the medical report I found that there are abrasions on his little finger of right hand of the accused and he has a wound in his right hand. Accused informed the court that he had been beaten by stick and there were injuries on his back. I made a close observation of the injuries of the accused and found that on right and left side of his back there were dark marks of injuries. No medical inspection was done of these injuries. It seems that police has beaten the accused. Demand is being made by the police to give the accused on police remand. There is no ground of remand. Accused was brought to the court handcuffed, which goes against the direction of human rights commission. Further custody of the accused is refused. Accused may be released at once unconditionally. A copy of this order may be given to Senior Superintend of Police Varanasi for his perusal and appropriate action.

A copy of this order to be served to the Senior Superintend of Police, Varanasi

Dated this the 15th day of June 2004

(Signature)

Prahlad SinghAdditional Civil Judge1st Class Judicial Magistrate VaranasiThis case illustrates the brutality continually employed by police officers against those in their custody and under their responsibility. The arbitrary detention and torture of the victim and the failure to provide medical aid demonstrate a blatant violation of the existing laws, in particular the Code of Criminal Procedure and further guidelines issued by various constitutional courts including the Supreme Court of India. Despite the recording of the polices’ misconduct by Mr. Prahlad Singh, no action has been taken against the police officers involved. The lack of action by the superior officer also illustrates how the absence of specific laws prohibiting torture and criminalising torture perpetuates this heinous crime and thus effectively gives law enforcement agencies near impunity in cases of such nature.

Between 23 and 24 April 2005, Mr. Rajesh Chauhan was killed by police from the Cantonment police station.

Mr. Chauhan had gone to Kathirawn village, which is under the jurisdiction of Phoolpur police station, to take his cousin’s wife to his cousin’s home. A large number of police entered the village at night and took Mr. Chauhan into custody, after which they took him to an unknown location where they allegedly shot him. The victim’s body was then left near Chandamari, one kilometre away from his home, where he was found in the morning by villagers. The parents of the victim, after being informed of their son’s murder, rushed to the site and identified the body. The victim had gun shots to the head and body however no blood was present at the site where the body was found.

The police, in the First Information Report (FIR) on 26 April 2005, alleged that the victim had been killed in an ‘encounter’ in which the victim fired on police and was killed by police officers acting in self-defence.

The prosecution has further alleged that Mr. Chauhan was responsible for kidnappings. The alleged witnesses who identified the body remain unnamed and have not been brought forward. No evidence has been produced to substantiate claims as to Mr. Chauhan’s involvement in any criminal activities.

The parents of the victim allege that their son was killed while in police custody. They further allege that their son was taken into custody on mere suspicion and since he was killed while in custody the police have framed a false case against him. The medical report in this case is yet to be made available to the parents.

The AHRC suspects foul play in this case since this is not the first time we have received information about suspected murders by the police presented as ‘encounter killings’ from Varanasi. It is important to note that encounter killings are a common pretext posed by law enforcement agencies in India for extra-judicial killings (see also to UA-003-2006) and that the fabrication of FIRs by the police is also not uncommon (see also UA-145-2005).

The cases above describe a pattern of police brutality imposed upon the people of Varanasi leading to a general breakdown in the rule of law where the ordinary person fears police officers and regards them as the source of criminality; not as enforcers of law, safety and public welfare. These cases also reaffirm the AHRC’s observation that India lacks adequate mechanisms that can prevent police brutality and torture. India must criminalise torture and as the first step in the process must ratify the International Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment. India has ratified the convention but failed to ratify it on the pretext that the existing domestic mechanism is equipped in preventing torture and similar violence committed by the law enforcement agencies. These cases, however, clearly demonstrate that it is not.

SUGGESTED ACTION:

Please write to Mr. Navneet Sikera, the Senior Superintendent of Police, Varanasi, Uttar Predash, India who is the senior police officer who is officially responsible for taking actions against the perpetrators in the above three cases expressing your concerns over the breakdown in the rule of law and the widespread police abuse perpetrated in Varanasi district, Uttar Pradesh.

Please also write to the other relevant authorities listed below.

Suggested letter:

Dear ______________,

INDIA: Police brutality, custodial torture and an extra-judicial killing points to the failure of rule of law by the police in Varanasi

Case No. 1Name of victim: Mr. Pransu Bajpeyi, resident of S.7/3 Golghar, within the jurisdiction of Kachahari police station Cantonment; student of Commerce of Class XII at St. John’s School, Maruli, Varanasi, Uttar PradeshName of alleged perpetrator: Inspector of Police, Mr. Jagdamba Prasad Dwivedi from Manduvadih police station, Varanasi, Uttar PradeshDate of incident: 6 April 2005Place of incident: Gates of St. John’s School, Marauli, Varanasi under the jurisdiction of Manduvadih police station

I am writing to you to voice my grave concerns regarding the breakdown in the rule of law due to the occurrences of gross abuse inflicted by police officers in Varanasi district, Uttar Pradesh. I have been informed of three cases (as mentioned above) in which the police have been involved in assaulting an innocent school student while he waited to enter his school (case one), the torturing of and failing to provide medical aid to a man held in police custody (case two), and an extra-judicial killing of an innocent man, whom the police have falsely claimed was a criminal who died in an ‘encounter’ (case three). These actions are in violation of domestic legislation such as the Code of Criminal Procedure, the Constitution and Supreme Court Guidelines, and of international human rights law.

As of today the police officers involved in these cases have enjoyed complete impunity for their actions. I am also shocked that the police have been permitted to falsify their report as to the murder of Rajesh Chauhan without question. I am informed that no action has been taken in any of these cases to investigate the police officers involved, to bring charges against them or to discipline those police officers responsible.

I urge you to intervene in the cases mentioned above and see to it that there is an impartial inquiry into the incidents and the perpetrators punished, if found guilty. I also urge you to take necessary steps through your office so that the victims receive appropriate compensation. I further request you to remove the alleged perpetrators from office. May I also take this opportunity to remind yourself and other relevant authorities to take all possible steps so that India ratifies the International Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment.

The Asian Human Rights Commission (AHRC) has received information from the People’s Vigilance Committee on Human Rights (PVCHR) regarding the acute hunger and exploitation of villagers belonging to the Musahar community in Mirzapur District, Uttar Pradesh. A fact finding team, consisting of members from PVCHR and the Right to Food Campaign, visited the villagers in November 2005 and subsequently produced a report highlighting several starvation deaths that have occurred in the area, as well as the continuous and consistent denial of assistance programmes, welfare schemes, and government aide. The team also reported that exploitation, discrimination and police torture still persists against the Musahar community.

The AHRC requests that you to write letters to the local administration, asking them to immediately address the hunger concerns of this community and ensure that all assistance schemes are functioning to prevent further starvation deaths from occurring. Moreover, persons, police officers and other concerned government authorities who have been found to be exploiting and torturing villagers of the Musahar community must be charged and punished.

Location: Damahi village, Mahal Jungle, Rajgarh Block, Mirzapur District, Uttar PradeshPersons affected: 1. Ramchander, age 18, and his four brothers; their mother died from starvation 2. Amravati, age 123. Krishnavati4. Ramdulari and her family5. Ramshakal and his family6. Heerawati, who died of starvation7. Kevali, age 55, who also died of starvation along with her two daughters in-law, and her family8. Sarju, who died of starvation, his son Phunnu, and their family9. The hundreds of families who live in the Damahi Village and suffer from hunger, malnutrition and starvation.

On 1 November 2005, a fact finding team consisting of members from the Right to Food Campaign and PVCHR visited the Damahi Village in Mirzapur District, Uttar Pradesh. The group heard from numerous families and found that the majority were suffering from acute hunger and malnutrition; several starvation deaths were also reported.

The severe hunger situation in the village exists for several reasons. First, although the families are entitled to be under Below Poverty Line (BPL) welfare schemes, no one has received BPL red ration cards. Furthermore, while some families do possess white ration cards, which allow villagers to buy food at slightly higher prices than with red ration cards, many families are unable to purchase food. The rations are either too costly or the public distribution shops that supply the food refuse to sell their goods. A lack of job opportunities also adds to the minimal wages most families earn, particularly those who are landless. Women also tend to be more affected by the hunger as the patriarchal society often means that their needs are secondary to their sons, brothers, fathers and husbands.

Second, the village also lacks most basic amenities. There are no Integrated Child Development Service (ICDS) centers in the village, no health centers or hospitals, and no potable water facilities. The lack of all these facilities coupled with the lack of food directly violates the Supreme Court order that safeguards the right to life of all Indian citizens. Additionally, many people have had to work in unfavorable conditions such as in stone quarries, which provides far less than the daily minimum wage per day. Thus, several people have had to take loans out from their employers in order to provide for their basic necessities, which binds them to this work until the debt is paid off. Under the National Rural Employment Guarantee Act, 2005, all persons living below the poverty line are entitled to 100 days of minimum wage labour. However, the scheme has not been implemented in Mirzapur and no alternative means of work exist currently.

Third, many villagers have also alleged that the Musahar community in Mirzapur have been continuously exploited, threatened and intimidated by feudal lords and the police. There have been instances of land grabbing, where feudal lords have forcibly taken property owned by the villagers and destroyed their land. Violence is often used against daily wage labourers as well, particularly stone quarry workers who are bonded to their jobs, and work in intolerable conditions for well below minimum wage. Finally, the villagers are often intimidated by police officers who label them as Naxalites, when the victims are just trying to fight for their rights.

Below are several personal statements from victims of hunger in the area, highlighting these human rights abuses and violations that are occurring against the Musahar community.

Ramchander: “I have four brothers, one of them is handicapped. We have no land. My mother was ill and had been suffering from a hunger-related illness. In order to fund her medical treatment, I had to take out loans of Rs. 10,000, but no officials or doctors came to my house. She passed away without having eaten food for five days. There is no hospital in the village or even nearby. In an emergency, we have to go to Ahraura, the nearest market, and often people die half way. There is no drinking water in the village so we have to bring water from the river.

“The village head has bought his votes and does not care about the poor people. Our livelihoods depend upon my work, which is to collect dry wood from the jungle. Every morning, we go into the jungle, often times without food, collect wood, and then travel to the market to sell the bundles. I can normally make Rs. 50 - 70 for two days of work. I also work in the stone quarries, under Rakesh Patel. He only pays Rs. 5 - 6, which is half of the normal wage rate. If one dares to leave the work, they would certainly be beaten.”

Amravati: “I go to the jungle to collect dry wood. I do not have food on a daily basis and often, I have to go through long periods of no food.”

Krishnavati: “When the Musahars and Kols demand our rights, we have been called Naxalites. So many innocent people have been beaten badly and have been arrested because they consider us to be terrorists, when all we are doing is asking for assistance.”

Ramdulari: “I belong to the Chamar community. There is a piece of agricultural land in my mother’s name. But Lallan Patel, one of the feudal lords in the area, has taken possession over that land. He destroyed our entire crop of Parval (an Indian vegetable) which was valued at up to Rs. 10,000. However, the police have taken no action against this man, who has clearly stolen and destroyed our property.”

Ramshakal: “I have a white ration card, which allows me access to partially subsidized food; I can buy up to 35 kg in rice and wheat. However, I never get any food grains. I work as a labourer in a stone quarry belonging to Krishna Kumar. I took a loan of Rs. 7,000 - 8,000 from this man and now I cannot stop working as a labourer there until I pay back my debt. If I leave, I will be severely beaten.”

Daughter of Heerawati: “My mother died of hunger some time back. Now all we can manage to eat is some dry bread. Mostly though, I just collect barja from the fields and eat it raw, without roasting or cooking it.”

Kevali: “My family and I don’t have ration cards. Due to extreme hunger and the lack of food, my daughter in-law (Heerawati) died of starvation three years ago. My other daughter in-law, Munga, also recently passed away due to hunger. Munga did not eat for four days before she died.

“My son, Vishnu, has even taken a loan from his employer, Rakesh Chauhan, in order to get medical treatment and food for the rest of us. But it only provided temporary help and we are now living with almost no food again.” Please note, Kevali also died of starvation after the visit.

Phunnu: “My father, Sarju, died of starvation on 8 October 2005. He had not eaten anything for five days before he died. I work at a stone quarry belonging to Rampos and had to take a loan of Rs. 850 from him because on average, I only earn about Rs. 25 daily. It is not enough money for me to support my family but I have no option to leave.”

SUGGESTED ACTION:

Please write to the relevant authorities below urging them to immediately investigate the situation and provide the necessary assistance programmes to the starving Musahar community. Immediate relief should be provided to the victims, which includes red ration cards and functioning public distribution shops. ICDS and medical centers should also be provided in the long-run. Furthermore, the National Rural Employment Guarantee Act, 2005 must be implemented in the village, and those in bonded labour need be released, and rehabilitation and compensation provided under the Bonded Labour Act, 1976. Finally, those feudal lords, police officials and stone quarry owners found to be exploiting and intimidating the villagers and their land must be reprimanded and prosecuted for their abuses.

Location: Damahi village, Mahal Jungle, Rajgarh Block, Mirzapur District, Uttar PradeshPersons affected: 1. Ramchander, his family, mother and four brothers 2. Amravati, age 123. Krishnavati4. Ramdulari and her family5. Ramshakal and his family6. Heerawati, who died of starvation7. Kevali, age 55, who also died of starvation along with her two daughters in-law, and her family8. Sarju, who died of starvation, his son Phunnu, and their family9. The hundreds of families who live in the Damahi Village and suffer from hunger, malnutrition and starvation.

I am writing to draw your attention to the severe hunger situation that currently exists in Damahi Village, Mirzapur. On 1 November 2005, a fact finding team consisting of members from the Right to Food Campaign and the People’s Vigilance Committee on Human Rights (PVCHR) visited the village and found that the majority of villagers were suffering from hunger and malnutrition. Many families also reported starvation deaths in their families.

I was given detailed information on several personal stories of villagers who have been seriously affected by the hunger. One woman, Kevali, told of how her two daughters in-law died of starvation. Kevali died not long after she was interviewed after not eating for days. Another young girl informed the team that she did not eat on a daily basis, while another talked of how when her family does eat, it is only dry bread or barja collected from the fields. Although everyone in the village should be under Below Poverty Level (BPL) assistance schemes, no one has a red ration cards. Some villagers have white ration cards, as Ramshakal does, however, food cannot be bought because it is either still too costly or the Public Distribution Shops (PDS) do not sell the grain.

I was also informed that the villagers also lack all basic necessities in the area. There are no ICDS centers or schools in the village, and no access to potable water. Medical facilities are also lacking, people must travel to a market to get to the nearest hospital, which is expensive. Often times in emergencies, the patient dies en route to seeking medical attention. Additionally, many people have had to work in unfavorable conditions, such as stone quarries, which provides far less than the daily minimum wage per day. Thus, several people have had to take loans out from their employers in order to provide for their basic necessities, which further binds them to this work until the debt is paid off. Under the National Rural Employment Guarantee Act, 2005, all persons living below the poverty line are entitled to 100 days of minimum wage labour. However, the scheme has not been implemented in Mirzapur and no alternative means of work currently exist.

Finally, members of the Musahar community continue to be exploited and intimidated by feudal lords and police. I was told of numerous cases where labourers were scared to leave their jobs for fear of being beaten. Feudal lords have also been accused of land grabbing and destroying the crops of what little property the villagers own. Ramdulari informed us that her family owns a plot of land in her mother’s name, yet one feudal lord took possession of it and then proceeded to destroy the family’s crops. Moreover, it wa s brought to my attention that many of the villagers who complain or fight for their rights then become labeled as Naxalites, which then categorizes them as terrorists. Police often times will use violence against these villagers who are only trying receive assistance.

I strongly urge you to investigate this hunger situation and the other circumstances causing the starvation deaths and suffering in the village. Immediate relief should be provided to the victims, which includes red ration cards to those living below the poverty line and fully-functioning public distribution shops. ICDS and medical centers and wells should also be provided in the long-run. Furthermore, the National Rural Employment Guarantee Act, 2005 must be implemented in the village to provide alternative sources of income for the families. Those villagers currently in bonded labour need be released, and rehabilitation and compensation provided under the Bonded Labour Act, 1976. Finally, those feudal lords, police officials and stone quarry owners found to be exploiting and intimidating the villagers and their land must be reprimanded and prosecuted for these violations.

Sunday, March 05, 2006

JMN, Jan.05Right to food campaign· Asian Legal Resource center, Hongkong has submitted a report on hunger situation of Village Raup and Bichpai of district Sonbhadra under the heading of ‘ starvation and Government neglect in India’ through item 10 of the provisional agenda in sixty-second session of commission on Human Rights.(Ann.1) · Different cases of caste atrocities and starvation and malnutrition have been reported in undermentioned website: www.hrsolidarity.net/mainfile.php/2005vol15no05/2445trishna.foodjustice.net/mainfile.php/011718/103/cities.expressindia.com/fullstory.php?newsid=105368timesofindia.indiatimes.com/articleshow/1206174.cmswww.indianexpress.com/ie20020222/polli1.htmlwww.hinduonnet.com/2002/ 02/22/stories/2002022203020100.htmwww.pucl.org/Topics/Dalit-tribal/ 2002/varanasi-dalits.htmwww.pucl.org/Topics/Dalit-tribal/2002/varanasi.htmwww.janmanch.com/press_release/ getpress.asp?currentpage=13&search=search· Ms. Shruti as member of District food and supply advisory committee of Varanasi, sent a letter to SC commissioners on 2 Feb. 2006. In her letter she complained about the corruption and irregularities in PDS system at Baghawanala slum of Varanasi and about the crisis of rule of law. · On the complaint of PVCHR about the hunger deaths of children in Raup(Sonbhadra District), deaths of weavers ,farmers, marginal workers of unorganized sectors and unemployed youth due to starvation, malnutrition and suicide, irregularities and corruption in PDS system and Food for work scheme. Taking in to the account to this comprehensive complaint made by PVCHR, NHRC issued notice to Chief Secretary of UP Government in 2003. Making response UP government submitted their report to NHRC about irregularities and corruption in food security schemes and hunger deaths and suicides of Varanasi and Chandauli districts which was nothing but a bogus one. Again NHRC asked for the comment of petitioner on report of UP Government. Then petitioner sent all available evidences to NHRC in respect of the facts mentioned earlier in their complaint. It should be noted that PVCHR had demanded to make an independent enquiry of said situation.UP Government has not submitted their report on hunger deaths of 18 children of Ghasia tribes of village Raup in Sonbhadra till today.But PVCHR has been successful to a great extent that whole seventy families of Ghasia tribes were given red cards. In Varanasi district as the survey was conducted by PVCHR in 11 villages and slums and found that 2002 families were deprived of ration cards. Now Government has distributed ration cards to those families.· On 25 Feb. 2006 Dr. Lenin made a complaint with DM, Sonbhadra about a case of bonded labour named Mahesh Ram.· On 24 feb. 2006 made a complaint with NHRC to implicate an innocent man belonging to Musahar community in a false case by Phulpur police of Varanasi District.· On 4 Feb 2006 Dr. Lenin submitted a memorandum to DM of Varanasi to implement the concept of “Varanasi weavers Trust” as proposed by Dr. Darin.· ON the complaint of PVCHR, AHRC issued urgent appeal on starving situation linked with the rule of law of Musahar community at Damahi village of Mirzapur of UP. (Ann.2) NHRC also issued notice to DM, Mirzapur and Principal secretary (Home), UP Government on the complaint of PVCHR about starving situation and police torture in the name of naxlism of the Musahar community at Damahi village (case no.36733/24/2005-2006/UC). SP Mirzapur visited the village Damahi and distributed blankets among Musahar community. · AHRC issued urgent appeal on the complaint of PVCHR about feudal attack on Dalit at Piyari village of Varanasi. (Ann.3) NHRC also issued the notice to SSP of Varanasi (Case no.35447/24/2005-2006/OC).· AHRC issued urgent appeal on Gang rape of a nut woman a resident of village Sirsi of Chnadauli. (Ann.4) UN has also intervened in the matter taking it as serious matter. NCDHR also has taken the case up and going to organize the people’s hearing on 7 March 06 at Delhi. UP police HQ has intervened the case forwarding it to the DIG (Grievances), UP to carry out further inquiry. This case of gang rape was enlisted by UN human rights commission office of Asia and pacific and women organizations such as women United Nations report network highlighted the case. http://www.wunrn.com · AHRC issued follow up hunger alert on the case of Kodawari, Mirzapur (Ann.5). After that UP government has taken initiatives by sanctioning an ICDS center in the village and has activated the PDS shop and Primary school. Government has also issued cheque of Rs. 8000/- to each of the 24 people who had got affected in the accident.Under the National Rural Employment Guarantee act labours of village Kodwari has been issued cards to get employment for 100 days in a year. In this respect it should be noted that the seriously injured persons and the families of deceased have not yet received proper compensation as demanded by PVCHR and villagers and no legal action against owners has been taken till today. · PVCHR has been campaigning widely among marginalized communities and among different progressive social and political organizations about GO/rule of UP Government in which it has been declared on the part of UP Government that hunger stricken family in any village be given one thousand rupees immediately to avoid hunger death. We are telling them that for this purpose each village has its contingency fund.· 17 bonded labors were released from brick kiln factory after the intervention of PVCHR and AHRC in village Amauli of Chaubey pur Police station of Varanasi from. Released bonded labors were given their dues wages. Further PVCHR is trying hard to grant them release certificates from SDM. (Release certificate is necessary entitlement for their rehabilitation.) On the complaint of PVCHR, in this case, NHRC has issued notice to DM of Varanasi (Case no. 38403/24/2005-2006, Ann.8) and AHRC issued urgent appeal (Ann.6) to register the case against owners and to fix the accountability of police and officials. All 17 bonded labors are musahars. Another case of a man belonging to musahar community of Jaunpur District was deprived of their wages and when he asked for his dues of wages then he was tortured and was forced to work silently. But he managed to escape away from the work place and came to PVCHR’s office. After the intervention of PVCHR through SDM he got his dues wages. Case is highlighted by many others groups and initiatives. · When an activist of PVCHR named Isuk Ali had been working under his organizational obligations in village Belwa to know the actual situation of midday meal at Government primary school then Rajendra Tiwari and his goons assaulted him. AHRC has issued an urgent appeal (Ann.7) and PVCHR filed petition to NHRC, DM and SSP. · Asian Legal Resource center, Hongkong has submitted a report on caste discrimination in Belwa of Varanasi and Kodwari of Mirzapur under the heading of ‘Written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organisation in general consultative status’ through item 10 of the provisional agenda in sixty-second session of commission on Human Rights.(ANN.9)· JMN has selected all fellows of right to food campaign and gave them primary orientation.

Ann.1:COMMISSION ON HUMAN RIGHTSSixty-second sessionItem 10 of the provisional agenda

ECONOMIC, SOCIAL AND CULTURAL RIGHTSWritten statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organisation in general consultative status

Starvation and government neglect in India

1. India is not a food-deprived country; is it estimated to have over 50 million tonnes of grain reserves alone. Yet half of India's people are under-nourished and hungry, and many are literally starving to death due to the acts or omissions of State agencies. As the Asian Legal Resource Centre (ALRC) has previously informed the Commission, India does not have a food scarcity problem so much as it has a food security problem: systemic abuses continue to leave ordinary people hungry and suffering from malnutrition or starvation (E/CN.4/2005/NGO/59). Laws, assistance programmes and distribution systems are failing in various ways to provide food to those in need. The result is often death.

2. India’s domestic laws, in theory, supply a vast array of welfare schemes aimed at enabling marginalized groups to fulfill their right to food. However, government welfare programmes and state agencies continue to fail to provide food assistance to those suffering from hunger, starvation and malnutrition in India. Social and cultural factors are most significant to India’s food problem. Women, children, scheduled castes, scheduled tribes, and religious minorities all suffer a greater incidence of malnutrition and famine because of discriminatory social and cultural practices that are deeply embedded. Marginalized groups in India are still regarded as inhuman and are not integrated into the rest of society. The following cases illustrate how institutionalised corruption, neglect and discrimination combine to cause inaction, inertia and inefficiency in India:

a. The Public Distribution System (PDS) in Jalangi, Murshidabad in West Bengal has yet to actually provide food support to over 500 hunger victims who have been known to the local administration since September 2005 and where the authorities concluded that the listed persons are in critical need of aid. Nonetheless, Below Poverty Line (BPL) cards have still not been provided since the name list was posted in ration shops, and in the past twelve months at least eight people have died from starvation in that district. Meanwhile, it is common knowledge that ration dealers in Jalangi sell rice and wheat on the black market and turn away BLP card holders coming to buy rations on the ground that they have insufficient stock.

b. In Raup village, Sonebhadra in Uttar Pradesh, BPL cards have been distributed but the PDS shops are also failing to provide adequate quantities of food for long periods of time. Most families cannot survive more than 12 days on the 35kg of rice and wheat received per month, if and when the full amount is supplied. Many elderly hunger victims residing in the district do not receive any food assistance at all as ration dealers reject cards held under the Annapurna (old-age) welfare scheme.

c. Chirauji Devi of Sonebhadra, Uttar Pradesh, died from starvation and slave labour on 10 July 2005. She had been employed as a pond digger under the nationwide food-for-work programme but did not receive food coupons or compensation for her work, despite several pleas to local authorities and the village council. The food-for-work programme, now called the National Employment Guarantee Act 2005, is supposed to provide up to 100 days of manual work at minimum wage per year.

3. The ALRC also continues to receive reports of numerous cases where the accessibility and availability of food to scheduled caste groups is denied through the use of force and threats by discriminatory state agencies. Villagers from the indigenous Munda community in Kumarpukur, for instance, were twice threatened not to speak of their grievances by officials visiting their homes in West Bengal during 2005. On the first visit, a local communist party leader warned villagers not to speak to human rights defenders and reporters. Two days later, uniformed policemen reiterated the warning. The victims are currently lacking all basic necessities including food and water; many have taken to eating roots and leaves for survival.

4. In Jalangi, West Bengal the community consists mostly of Muslims and Dalits (so-called "untouchables"). There the Padma River has been eroding land and livelihoods at a dramatic rate, creating a significant food problem. This is further exacerbated by state denial and neglect. On several occasions, victims who have gathered in protest of the government’s inaction have been threatened physically and verbally by local authorities, most recently in July 2005, prior to a public hearing convened in the area on starvation and government inaction. In its findings released in January 2005, the tribunal, which included retired high court judges and doctors, accused the state authorities of being corrupt spectators of hunger deaths. Its recommendations, which are pertinent to conditions of hunger and starvation in many parts of India, included the following:

a. Starvation, the tribunal found, was rampant among men, women and children everywhere. No one was sure of his or her next meal. There is no regular source of income, no proper jobs for many. Those who owned land have become landless overnight.

b. The tribunal also saw a large number of children who were apparently suffering from night blindness and also from malnutrition. It appeared that there were no considered efforts from the state to address this grave issue. Any ordinary person visiting this place, without having any professional training would find that the majority of the children are suffering from extreme malnutrition.

c. The victims and complainants have made representations to the government several times but anything positive is yet to be done. The government, particularly the state government, is yet to properly implement the welfare programmes such as food for work. The interim order of the Supreme Court of India in writ petition 196/2001 on the right to food has not been followed.

5. Starvation is invariably complicated by conflicts over ownership of land. The ALRC has in its previous submissions to the Commission highlighted this relationship between land and food in communities in Maharashtra. In the past two years, the situation of landless communities in the area has not improved; the community in Puntamba, Ahmednagar District, remains in a constant battle with local authorities for access to land. The food situation has still not improved and is again indicative of the at best lethargic response of State agencies to conditions of starvation and attendant human rights concerns in India, despite pretences by government officials abroad to be greatly interested in these.

6. Ultimately, the denial of the right to food in India is still deeply rooted in discrimination against marginalized groups and purposeful neglect and inaction by state agencies. It is also often accompanied by gross civil and political rights violations. India has consistently ignored the need to address violations of economic, social and cultural rights and thus conditions in the country have consistently deteriorated. The government's welfare programmes and poverty eradication plans started have done little to uplift the country's suffering millions.

7. In light of the above, the ALRC urges the Commission to demand that the Government of India

a. Investigate and address all starvation and hunger cases and provide immediate assistance to the victims--with particular regard to the needs of children, women and the elderly--as well as undertake longer-term rehabilitation programmes and address the larger causes of starvation and hunger in India.

b. Examine the failure of existing welfare programmes, including the Public Distribution System and food-for-work programme, and make further investigations into the corruption in these schemes. Those government agents found guilty of criminal activity carried out under the auspices of these programmes must also be prosecuted.

c. Increase the monitoring and reporting of hunger complaints on domestic and international levels. India has not submitted a report on the condition of Economic, Social and Cultural Rights to the Committee on Economic, Social and Cultural Rights since 1990. This should be a matter of outrage for the Commission. Furthermore, cases of right to food violations with the National Human Rights Commission of India by the ALRC have not been properly pursued, instead being given a back seat to violations of civil and political rights.

d. Ensure that domestic laws and Supreme Court rulings which protect marginalized communities are upheld. This includes any laws or rulings which guarantee assistance, welfare, land, and/or the equitable distribution of goods and services to marginalised persons.

e. With regards to the conditions of starvation in Jalangi, West Bengal, in addition to immediate food and medical assistance, prevent further erosion of the Padma River by the building of an effective embankment and ensuring that all persons who have lost lands obtain new and suitable areas where they can continue to earn their livelihoods.

8. India has pretensions to become a world-leader--through cutting-edge computer technology, a space programme and a permanent seat in the Security Council, among other aspirations--however, a country that is unable to provide for even the most basic needs of millions of its people has no reputation upon which to stand. Let the Government of India feed its people first. The attention of the international community, through the Commission, must rest here. ANN.2:INDIA: Corrupt police conniving with feudal landlords and utter neglect by the government facilitates extreme exploitation of tribal community in Uttar Pradesh, India URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTIONASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMMEUrgent Appeal25 January 2006---------------------------------------------------------------------- UA-035-2006: INDIA: Corrupt police conniving with feudal landlords and utter neglect by the government facilitates extreme exploitation of tribal community in Uttar Pradesh, IndiaINDIA: Complete collapse of rule of law; Police criminal nexus; Feudal practices; Caste discrimination -----------------------------------------------------------------------Dear friends,The Asian Human Rights Commission (AHRC) has received information from the People's Vigilance Committee for Human Rights (PVCHR), a local human rights group working in Uttar Pradesh, India stating that corrupt officers, particularly those from the local police, are conniving with the feudal landlords thereby facilitating extreme exploitation of the tribal community in Damahi village of Rajgarh administrative block of Mirzapur district in Uttar Pradesh, India. The AHRC is informed that a fact-finding team within the PVCHR, which visited the village on 1 November 2005, was presented with shocking cases of gross neglect by government agencies and absolute exploitation of the situation by feudal landlords who connive with the local police. The members of the tribal community, also known as the Musahar, face the brunt of the cruelty meted out against them.Owing to the lack of support from government bodies and existing laws, predominantly forest laws, which prevent the Musahar from leading their traditional way of life, this community is now facing acute hardship, including financial crisis. This situation is exploited by the feudal landlords who lend petty sums to the Musahar and in return make them work in paddy fields and quarries in slave like conditions for salaries far below minimum wage. The Musahars are often assaulted by their landlords and their women regularly abused. Those who dare to complain to the local police are either further tortured by the police or are handed over to their landlords to be punished in accordance with feudal law, which is illegal. Some members have even died of acute starvation. Even though according to the Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act atrocities committed against the tribal community are a serious offence, no case has been registered under this law to date. The AHRC in the past has issued several appeals calling upon the international community and the local government in particular to intervene in these cases, particularly in cases from north India where caste discrimination is acute and exploitation remains unchallenged. For further details please see UA-032-2006, UA-218-2005, HA-23-2005, UA-145-2005 , UP-100-2005 and UA-019-2006.The AHRC is deeply concerned about the recurrence of these cases and calls for your urgent intervention in this matter. The incidents must be investigated into and the perpetrators charged. The police officers who are responsible for denying the victims to register their case must be immediately removed from their respective posts. Their conduct should be inquired into and charges should be laid for dereliction of duty. Those officers who were engaged in torturing the victims must be immediately suspended from service and cases must be registered against them under the relevant provisions of the Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act.Urgent Appeals ProgrammeAsian Human Rights Commission----------------------------------------------------------------DETAILED INFORMATION:Name and address of the victims: 1. Mr Ramachander, 18, son of Rajnarayan2. Ms Amravati, 123. Ms Krishnavati Kol4. Ms Ramdulari5. Mr Ramshakal Musahar6. Ms Kevali, 557. Mr Vishnu, son of Kevali8. Mr Phunnu, son of SarjuAnd other Musahar members from Damahi village, Rajgarh administrative block of Mirzapur district in Uttar Pradesh, IndiaAlleged Perpetrators: 1. Mr Rakesh Patel, quarry owner, Shakteshgarh, Mirzapur district, Uttar Pradesh2. Mr Rampos, quarry owner, Bairampur, Mirzapur district, Uttar Pradesh3. Mr Lallan Patel, Damahi village, Mirzapur district, Uttar Pradesh4. Mr Krishna Kumar, Damahi village, Mirzapur district, Uttar Pradesh5. Mr Rakesh Chauhan, Damahi village, Mirzapur district, Uttar Pradesh6. Mr. Arun Kumar, Superintendent of Police, Mirzapur, Uttar Pradesh, Fax: 91 5442 256655 and Tel: 91 5442 252 578Place of incident: Damahi village, Rajgarh block, Mirzapur district, Uttar Pradesh, IndiaCase details:Members from PVCHR visited Damahi village of Rajgarh administrative block of Mirzapur district in Uttar Pradesh, India where they met Mr Ramachander, Ms Amravati, Ms Krishnavati Kol, Ms Ramdulari, Mr Ramshakal Musahar, Ms Kevali, Mr Vishnu, and Mr Phunnu. Each person had a horrifying story of exploitation, neglect and torture to narrate. All of them belong to the Musahar community, who are predominantly forest dwellers and their way of life is much dependent upon the forest, including for food and medicine.Mr Ramachander belongs to a family of five. They collect firewood from the local forest and sell it at the nearby market, which earns them 40 – 50 rupees (approximately USD 1) on alternate days. However, since they have been prevented from entering the forest, owing to the strict implementation of forest laws, they find it increasingly difficult to collect firewood and to find food. Ramachander stated that the upper caste Hindus in the locality, who own vast agricultural lands and quarries, employ them but take advantage of their situation. Ramachander works for a quarry run by Mr Rakesh Patel. Ramachander alleges that he is paid only 10 rupees per day (42 rupee is USD 1). Finding it difficult to meet the expenses of the treatment of his handicapped brother and ailing mother, Ramachander had to borrow 10,000 rupees (USD 238) from Patel. However, Ramachander’s mother died on her way to the hospital and as of today Ramachander is trying hard to pay back the money borrowed from his employer. Patel collects 5 rupees from Ramchader’s daily pay as penal interest for the sum borrowed. This has reduced Ramchander’s daily pay to 5 rupee. Ramchander alleges that if he fails to turn up for work, due to any reason, Patel or his men will beat him up the next day when he reports for work. Ramachander was, however, bold enough to complain to the police against this abuse. However, the police refused to accept his complaint and threatened him that if he ever dared complain against Patel again they will beat him themselves. Ramachander was then beaten by Patel and his men for attempting to make the complaint with the police.Ramachander alleges that the local police connive with the upper caste landowners like Patel and the police only serve them and not the people who are in real need of police help.Ms Amaravati and Ms Krishnavati Kol allege that if they ever dare to complain or protest about the low wages they are earning they are immediately accused of being supporters of prohibited Naxalite groups. They are threatened that if this were to happen, the local police would arrest them and keep them in custody for days without even registering a case against them. They are also told that while in custody they would be kept in cells along with other male detainees and that the police would beat them up and use foul language against them. They would then, it is threatened, be only freed after an indefinite period of custody and then handed over to the landlords who would force them to work in captivity without pay or food.Ms Ramdulari belongs to the Chamar community. Ramdulari alleges that her agricultural land was in the name of her mother. However, Ramdulari was evicted from her land by Mr Lallan Patel who destroyed the standing cultivation of Parval (a local vegetable) causing Ramdulari a 10,000 rupee loss. Ramdulari alleges that she complained to the local police about the land grabbing and the destruction of the cultivation against which the local police did not take any action and chased her away from the station saying that the Chamars and other lower caste have no right to complain at police stations.Mr Ramshakal Mushar alleges that he works for the quarry run by Mr Krishna Kumar from whom Ramshakal has borrowed a sum of 8,000 rupees. Ramshakal alleges that he is paid 10 rupees a day from which Kumar deducts five rupees daily as penal interest. Ramshkal alleges that if he were to complain about this to anyone Kumar would immediately know about this and would beat him.The AHRC is informed that Ms Kevali died in mid November 2005 from acute starvation. It is also alleged that Kevali’s daughter-in-laws, Heerawati and Munga also died from starvation. It is alleged that Munga died since she did not have food for four continuous days. It is alleged the public distribution system is not functioning in the area.Mr Vishnu works for Mr Rakesh Chauhan in similar conditions where Vishnu is paid 20 to 30 rupees per day. Mr Phunnu’s father Sarju also died of starvation on 8 October 2005. Phunnu alleges that he was not able to feed his father for about five days prior to his father’s death. Phunnu works at the stone quarry owned by Rampos who pays him 20 rupees per day. Phunnu alleges that if he ever dared to complain about the slave like working conditions he will lose his job and also will be beaten by the police and his employer Rampos. The individual cases mentioned above depict not just the plight of a few ill-fated persons in a remote village in north India, but the reality of a large section of people, particularly those from the lower caste.The AHRC is informed that though the Uttar Pradesh State Government vide its Order dated 22 December 2004 has sanctioned a contingency fund to support these people who are in dire need, the fund is misused by the officers at the district administration. The local police who are responsible to verify the proper distribution of rationed food articles through ration shops connive with the ration shop dealers and permit them to sell the rationed articles on the black market to hotels. Apart from black marketing, the sale of rationed goods to anyone other than to the beneficiary is an offence under the Essential Commodities Act, 1955. While it is the police’s responsibility to charge any offenders of this act, they have instead chosen to turn a blind eye to this and have in fact assaulted any person who dares speak out.The AHRC is also informed that other domestic legislations like the Minimum wages Act, which provides for a minimum wage to be paid to labourers, and the Bonded Labour (Prohibition) Act, which prohibits bonded labour in the country, have no meaning in the state since the district administration, particularly the local police do not care to implement the law and are conniving with those who exploit the tribal community. The situation as of today is a direct result of the complete collapse of rule of law in the state.The AHRC in the past has raised its concern through specific cases about reported instances of extreme exploitation of the poor, particularly the lower caste in India. However, the state administration has failed even to acknowledge the letters the AHRC has written expressing concern on this matter. The situation of the lower caste deserves particular attention given the prevalence of caste discrimination in India and the complete collapse of rule of law. For further details please see UA-032-2006, UA-218-2005, HA-23-2005, UA-145-2005 , UP-100-2005 and UA-019-2006. SUGGESTED ACTION:Please write to the relevant authorities seeking their urgent intervention in ensuring a proper investigation into the cases mentioned above.Sample letter:Dear _____________,INDIA: Corrupt police conniving with feudal landlords and utter neglect by the government facilitates extreme exploitation of tribal community in Uttar Pradesh, IndiaName and address of the victims: 1. Mr Ramachander, 18, son of Rajnarayan2. Ms Amravati, 123. Ms Krishnavati Kol4. Ms Ramdulari5. Mr Ramshakal Musahar6. Ms Kevali, 557. Mr Vishnu, son of Kevali8. Mr Phunnu, son of SarjuAnd other Musahar members from Damahi village, Rajgarh administrative block of Mirzapur district in Uttar Pradesh, IndiaAlleged Perpetrators: 1. Mr Rakesh Patel, quarry owner, Shakteshgarh, Mirzapur district, Uttar Pradesh2. Mr Rampos, quarry owner, Bairampur, Mirzapur district, Uttar Pradesh3. Mr Lallan Patel, Damahi village, Mirzapur district, Uttar Pradesh4. Mr Krishna Kumar, Damahi village, Mirzapur district, Uttar Pradesh5. Mr Rakesh Chauhan, Damahi village, Mirzapur district, Uttar Pradesh6. Mr. Arun Kumar, Superintendent of Police, Mirzapur, Uttar Pradesh, Fax: 91 5442 256655 and Tel: 91 5442 252 578Place of incident: Damahi village, Rajgarh block, Mirzapur district, Uttar Pradesh, IndiaI am deeply disturbed to hear of the repeated occurrences of violence and extreme exploitation perpetuated against the lower caste communities in Uttar Pradesh, India. I have been informed that the members of the lower caste, particularly those from the Musahar and the Chamar are exploited by upper caste landowners and businessmen, who force them into slave-like working conditions. Where the lower caste persons have dared complain of this situation, they have been assaulted by the upper caste, and in some cases the police who, it would appear, were given consensus to do so by high ranking police officers.I am deeply concerned about the frequency in which cases of such nature are being reported from India, and Uttar Pradesh in particular. I am equally concerned about the failure of the local police to register cases at the request of the victims. I am shocked to know that the police, apart from refusing to take any action, are also forcing the victims to withdraw their complaints by referring the complaints to those against whom the complaints were made - the feudal landlords.I therefore call upon you to take immediate action in this regard, to order an independent enquiry into the state of local policing which entertains jurisdiction over Damahi village and to register cases against the perpetrators under the provision of the Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act. Action should also be taken under the Bonded Labour (prevention) Act and the Minimum Wages Act against those who refuse to pay the minimum wage to their employees. I also urge you to conduct an independent enquiry into the actions of the local police, particularly in refusing to take any action on the complaint of the victims, and into the conduct of the upper caste, particularly in relation to assault.Yours sincerely,----------------------------PLEASE SEND LETTERS TO:1. Mr. Mani Shankar AiyarMinister of Panchayathi RajSastri BhawanNew DelhiINDIATel: + 91 11 23381462Fax: + 91 11 23386118E.mail: manishankar@sansad.nin.in2. The Sub Divisional MagistrateChunnar, Mirzapur DistrictUttar PradeshINDIATel: +91 54 4222 24133. Mr Umesh Kumar Mittal District MagistrateMirzapur DistrictUttar PradeshINDIATel: +91 54 4225 2480, 7400Fax: +91 54 4225 2552Email: mir@up.nic.in4. Mr. Mulayam Singh YadavChief Minister of Uttar Pradesh Chief Minister's Secretariat Lucknow Uttar Pradesh INDIA Fax: + 91 52 2223 0002 / 2223 9234 5. Justice A.P. Mishra Chairperson Uttar Pradesh Human Rights Commission 6-A Kalidass Marg Lucknow, Uttar PradeshINDIATel: + 91 52 2272 6742 Fax: + 91 52 2272 67436. Shri Justice A. S. AnandChairpersonNational Human Rights Commission of IndiaFaridkot House, Copernicus Marg New Delhi-110001INDIATel: + 91 11 23074448Fax: +91 11 2334 0016E-mail: chairnhrc@nic.in7. The National Commission for Scheduled Castes and Scheduled TribesGovernment of India5th Floor, Loknayak BhawanKhan MarketNew Delhi 110003INDIATel: + 91 11 2462 0435Fax: + 91 11 2462 53788. Mr. Doudou Diene Special Rapporteur on contemporary forms of racism and racial discriminationC/o OHCHR-UNOG 1211 Geneva 10 SWITZERLANDTel: +41 22 917 9271Fax: +41 22 917 9050Thank you. Urgent Appeals ProgrammeAsian Human Rights CommissionPosted on 2006-01-25Back to [2006 Urgent Appeals]

ANN.3:

INDIA: Feudal lords attack Daliths for claiming proper wage, while police refuse to take action and pressure the victim to withdraw complaint in Uttar Pradesh, India URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTIONASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME12 January 2006---------------------------------------------------------------------- UA-019-2006: INDIA: Feudal lords attack Daliths for claiming proper wage, while police refuse to take action and pressure the victim to withdraw complaint in Uttar Pradesh, IndiaINDIA: Racial discrimination, murderous assault, corrupt policing, complete failure of rule of law--------------------------------------------------------------------- Dear friends, The Asian Human Rights Commission (AHRC) has received information from our local partner PVCHR, a local non-governmental organisation based in Uttar Pradesh detailing that when members of the Dalith community were claiming proper wages for work, they were assaulted by members from the upper caste. Furthermore, when the victims tried to lodge a complaint with the local police, instead of registering it and taking action against the criminals, the police pressurised the victim to withdraw the complaint.It is alleged that on 24 December 2005 Mr. Guddu, son of Lalman accompanied by Mr. Maya Ram were talking with the Secretary of the Village Panchayat (local body). Maya Ram was discussing with the Secretary about the wages of the labourers who were employed for the construction of a toilet in the scheduled caste area. It is alleged that in fact this Secretary was not paying proper wages to the labourers and Ram and Guddu were protesting against this with the Secretary. It is alleged that the village head, Mr. Sharanshankar Singh (alias Nepali Singh) along with one Mr. Ramesh Yadav came to the place and soon he started verbally abusing Guddu and Ram and also assaulted them with an axe and threatened them that they would be shot. It is also alleged that the injured victim tried to lodge a complaint against the assault with the local police, but they would not accept it. As of today it is allged that the local police are forcing the victim to withdraw the complaint.The AHRC has in the past raised its concern about the growing intolerance against lower caste members, particularly by the caste Hindus in India. In the recent past the AHRC has issued various urgent appeals on this issue, particularly from Uttar Pradesh, a state where feudal systems still remain unchallenged. In most of these cases the police were reported to be aiding the caste Hindus, refusing to take any action. For further details please see UA-218-2005, HA-23-2005 , UA-145-2005 & UP-100-2005. This is yet another disturbing case of such a nature.The Asian Human Rights Commission (AHRC) is deeply concerned about this case and calls for your urgent intervention in this case. The incident must be investigated into and the perpetrators booked. The police officers who are responsible for denying the victims to register their case must be immediately removed from their respective posts and their conduct inquired into and charged with for dereliction of duty.Urgent Appeals ProgrammeAsian Human Rights Commission-------------------------------------------------------------DETAILED INFORMATION:Name of the victims:1. Mr. Guddu, son of Lalman2. Maya Ram - both residents of Piyari village within the jurisdiction of Chaubeypur police station, Varanasi district, Uttar Pradesh, IndiaDate and place of the incident: 24 December 2005, at about 4 pm at Piyari village, Varanasi district, Uttar Pradesh, India.Perpetrators:1. Mr. Sharanshankar Singh alias Nepali Singh, son of Mr. Ram Gopal Singh2. Mr. Ramesh Yadav, son of Mr. Balli Yadav3. Mr. Jawahar Sav 4. Mr. BhullanAll residing at Piyari village within the jurisdiction of Chaubeypur police station, Varanasi district, Uttar Pradesh, IndiaCase details:On 24 December 2005 at about 4pm Mr. Guddu, son of Mr. Lalman accompanied by Mr. Maya Ram was talking with the Secretary of the Village Panchayat (local body) near the shop of one Mr. Jawahar Sav, son of Satya Narayan Sav at Piyari. Ram was discussing with the Secretary about the wages to be paid to the labourers who were engaged in the construction of a toilet for the scheduled caste area. It is alleged that the Secretary was not paying proper wages to the workers against which Ram and Guddu were protesting with the Secretary.In the meanwhile the village head, Mr. Sharanshankar Singh (alias Nepali Singh), son of Mr. Ram Gopal Singh accompanied by Mr. Ramesh Yadav, son of Mr. Balli Yadav arrived there. Both Sharanshankar and Ram Gopal soon began to abuse Guddu and Maya Ram and insulted them by refereeing to their caste. Both Sharanshankar and Ram belong to the lower caste otherwise known as the 'Daliths' in India. Sharanshankar abused them by saying "you dogs! How dare you ask for wages? Last time I did not teach you a hard lesson. This time I will ruin you. I will shoot you." Sharanshankar soon began to assault Guddu which he resisted. At this time Mr. Jawahar Sav and his son Bhullan gave an axe to Sharanshankar with which he assaulted Guddu on his head. Guddu immediately started to bleed. Soon Ramesh Yadav pulled out his local made firearm and threatened Guddu and Ram that they will be shot. After the incident Guddu and Ram went to the Chaubeypur police station to lodge a complaint. But the police refused to register a case. Finding that the local police unwilling to help them they went to the District Hospital at Kabirchaura for treatment and posted a written complaint with the Superintendent of Police Varanasi. Though the police head received the information he has not initiated any action against the complaint. However, the police are frequenting the victims' house forcing them to withdraw the complaint. In this context the AHRC also wish to inform you that the Sharanshankar is also accused of destroying the statue of Dr B. R. Ambedkar (also known as the father of the Indian Constitution and a Dalith by birth) in 2001 and a complaint to this effect was made before the authorities by the PVCHR. In the villages of Eastern Uttar Pradesh attacks on Dalits and practices to insult them in public by the caste Hindus is on the rise. This is perpetrated by the existing feudal landlords who are all against the uprising of the Daliths, who are otherwise considered as the slaves of the caste Hindus. In this context the AHRC would also like to bring to your attention that according to the Scheduled Caste, Scheduled Tribes (prevention of Atrocities) Act, it is an offense to verbally abuse a member of the Scheduled Caste or Scheduled Tribe with an intention to outrage the person's modesty. It is a more grave offense to assault a member of the Scheduled Caste or Tribe, which attracts severe punishment from that of a regular Indian Penal Code offense. According to the same Act it is also the duty of the Superintend of Police to be directly responsible to inquire into any complaint of abuse against the members of the lower caste. The Act mandates that any such inquiry must be conducted by an officer not less than the rank of a Deputy Superintend of Police.Suggested action:The AHRC is deeply concerned about this case and request your immediate intervention . Please write a letter to the addresses listed below expressing your concern about this case.Sample letter:Dear ________,INDIA: Feudal lords attack Daliths for claiming proper wage, while police refuse to take action and pressure the victim to withdraw complaint in Uttar PradeshName of the victims: 1. Mr. Guddu, son of Lalman2. Maya Ram - both residents of Piyari village within the jurisdiction of Chaubeypur police station, Varanasi district, Uttar Pradesh, IndiaDate and place of the incident: 24 December 2005, at about 4 pm at Piyari village, Varanasi district, Uttar Pradesh, India.Perpetrators:1. Mr. Sharanshankar Singh alias Nepali Singh, son of Mr. Ram Gopal Singh2. Mr. Ramesh Yadav, son of Mr. Balli Yadav3. Mr. Jawahar Sav 4. Mr. BhullanAll residing at Piyari village within the jurisdiction of Chaubeypur police station, Varanasi district, Uttar Pradesh, IndiaI am writing to you to voice my concern about the case of Mr. Guddu, son of Lalman and Mr. Maya Ram both residents of Piyari village within the jurisdiction of Chaubeypur police station, Varanasi district, Uttar Pradesh. I am informed that the victims were verbally abused and assaulted by the perpetrators. I am deeply concerned about the frequency in which cases of such nature are being reported from India, and Uttar Pradesh in particular. I am equally concerned about the failure of the local police to register any case on the complaint of the victims. I am shocked to know that the police, apart from refusing to take any action, are also forcing the victims to withdraw their complaint.I therefore call upon you to take immediate action in this regard. Please order an independent inquiry into the incident and ask the local police to register cases against the perpetrators under the provisions of the Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act. I also urge you to conduct an independent inquiry into the conduct of the local police, particularly in refusing to take any action on the complaint of the victims.Yours sincerely,_____________Please send letters to:1. Mr. Mani Shankar AiyarMinister of Panchayathi RajSastri BhawanNew DelhiINDIATel: + 91 11 23381462Fax: + 91 11 23386118E.mail: manishankar@sansad.nin.in2. Senior Superintendent of Police Mr. Brij Bushan S.S.P Varanasi Uttar PradeshINDIATel: + 91 542 2500441/ + 91?542 25014503. Mr. Gokaran District MagistrateVaranasi Uttar PradeshINDIATel: + 91 542 2508585 4. Mr. Mulayam Singh YadavChief Minister of Uttar Pradesh Chief Minister's Secretariat Lucknow Uttar Pradesh INDIA Fax: + 91 52 2223 0002 / 2223 9234 5. Justice A.P. Mishra Chairperson Uttar Pradesh Human Rights Commission 6-A Kalidass Marg Lucknow, Uttar PradeshINDIATel: + 91 52 2272 6742 Fax: + 91 52 2272 67436. Shri Justice A. S. AnandChairpersonNational Human Rights Commission of IndiaFaridkot House, Copernicus Marg New Delhi-110001INDIATel: + 91 11 23074448E-mail: mailto:chairnhrc@nic.in7. The National Commission for Scheduled Castes and Scheduled TribesGovernment of India5th Floor, Loknayak BhawanKhan MarketNew Delhi 110003INDIATel: + 91 11 2462 0435Fax: + 91 11 2462 53788. Mr. Doudou Diene Special Rapporteur on contemporary forms of racism and racial discriminationC/o OHCHR-UNOG 1211 Geneva 10 SWITZERLANDTel: +41 22 917 9271Fax: +41 22 917 9050Thank you. Urgent Appeals Programme Asian Human Rights CommissionPosted on 2006-01-11Back to [2006 Urgent Appeals]

Ann.4:

INDIA: Gang rape of a tribal woman by upper caste men in Uttar Pradesh URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM 14 February 2006--------------------------------------------------------------------- UA-062-2006: INDIA: Gang rape of a tribal woman by upper caste men in Uttar PradeshINDIA: Rape; Discrimination; Police inaction; Rule of law--------------------------------------------------------------------- Dear friends,The Asian Human Rights Commission (AHRC) has received information from the People's Vigilance Committee for Human Rights (PVCHR), a local human rights group working in Uttar Pradesh, India, regarding the gang rape of a young woman. The woman belonged to the Nut Community (a scheduled tribe) in Sirsi village, Chandauli District, Uttar Pradesh. She was gang raped by four men from the upper caste Hindu Community on 14 January 2006. According to the latest information we have received, the Chandauli police have delayed the arrest of the perpetrators who, after an unreasonably long length of time were finally arrested. The victim and her family are afraid that they will face intimidation from the Indian community around them because the perpetrators are from an influential upper caste community in the area. Seven families comprising of 35 individuals belonging to the Nut Community, reside at Sirsi Village, Chandauli District, Uttar Pradesh, India. The Nut Community are one of the most marginalized tribe communities in Indian society and they have been living in this village for generations. At 1:00am on 14 January 2006, four men namely Pankaj Singh, Barsati Singh, Pintu Singh and Ghutau Singh from near Hinauti Village came to Sirsi Village and attacked a family residing in the Nut Community. The four men brutally assaulted family members and chased them away from the house, leaving one member of the family; Ms. X (aged 22) alone in the house. The four men then forcibly took her to the pulse plants field, 1 kilometer away from her house, where they gang raped her for three hours. When the victim fell unconscious, they threw her onto a nearby railway line and left Sirsi Village.. In the early hours of the same day, an old woman living in Sirsi village found the victim lying on the railway line and informed this discovery to other villagers. The victim's family reported the incident to the Chandauli Police Station and lodged a First Information Report (FIR) against the four perpetrators under Section 376 Indian Penal Code and under Section 3(2) and 5 of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989.However, the police delayed taking any action into this case or arresting the perpetrators. They only arrested the perpetrators over 40 hours later because of pressure from the Nut Community. The four perpetrators are members of the Singh Community, which are feudal landlords and have huge influence over the village. In such cases of abuse by the Singh Community, it is common in India that the victims, who are mostly from the poorest sectors in society, are pressured by the perpetrators to withdraw their complaints against them. In particular, when the perpetrators belong to an upper Hindu Community, the victims face even more serious intimidation and pressure. In many cases, if they refuse to withdraw their complaints, they are forced to leave their place of residence. Due to this, the victim and her family are afraid that they will face similar problems as described above. The Nut Community members in Sirsi Village live in very poor conditions and have to make their living by begging. They live in small huts without roofs and do not own any land. The land where the Nut Community have lived for generations is owned by the government (Gram Samaj). Section 122 B (f) of the Uttar Pradesh Zimindari Abolition and Land Reforms Act 1950 guarantees the people legal ownership over the land if they have resided on it for over 22 years. However, such rights of the Nut Community members have never been realized. It is also reported that there are 14 children who are all under the age of 14 but do not go to school and many families do not have ration cards despite their dreadful living conditions. ADDITIONAL INFORMATION:The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act of 1989 has been established for the purpose of giving special protection to marginalized communities in India. However, it has no meaning in Uttar Pradesh because the district administration, particularly the local police do not care for the tribal communities and thus have failed to implement the law. The police also conspire with influential persons within the district who exploit the tribal communities. Urgent action is required to pressurize the local authorities to take strict action according to the SC/ST Act 1989 so that the perpetrators are punished accordingly and the victim is adequately compensated. SUGGESTED ACTION:Please write to the authorities listed below and urge them to prosecute the perpetrators by strictly implementing the SC/ST Act 1989 in this case. Please also urge the relevant authorities to ensure that the victim and her family receive adequate compensation and protection from the alleged perpetrators. Sample letter:Dear _________,INDIA: Gang rape of a tribal woman by upper caste men in Uttar PradeshName of victim: Ms. X (name withheld), aged 22, resident of Sirsi Village, Chandauli District, Uttar Pradesh, India, belongs to the Nut CommunityName of alleged perpetrators: 1. Pankaj Singh, son of Brahma Singh2. Barsati Singh, son of Ramvilas Singh3. Pintu Singh, son of Mahesh Singh4. Ghutau Singh, son of Bharat SinghAll reside in Hinauti Village, Chandauli Police Station, Chandauli District, Uttar Pradesh, India Date of incident: Early morning of 14 January 2006Place of incident: Pulse plants field 1 kilometer away from the victim's house in Sirsi VillagePolice station the case was reported: Chandauli Police StationI am writing to voice my deep concern regarding a gang rape of a young woman belonging to the Nut Community (a scheduled tribe) by four men from the upper caste Hindu Community, which took place in Sirsi village, Chandauli District, Uttar Pradesh on 14 January 2006. According to the information I have received, the four men approached the victim's house and severely assaulted her family members. They then dragged the victim to a pulse plants field 1 kilometer away from her house and gang raped her for three hours. The victim's family lodged a First Information Report (FIR) under Section 376 Indian Penal Code as well as under Section 3(2) and 5 of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989 against the above named perpetrators at the Chandauli Police Station.I was also informed that the Chandauli police have unreasonably delayed the arrest of the perpetrators; 40 hours after the incident of rape had occurred and the police had still not arrested anyone of the perpetrators. Although the perpetrators were finally arrested, I have doubts over whether the police have the will to pursue the action against the perpetrators. In many similar cases, a common incidence is that the victims are forced to withdraw their complaints due to the serious intimidation and threats made by the perpetrators. The local police do not care about the tribal community and fail to implement the laws that are supposed to protect such communities. Instead, the police conspire with those who try to exploit the tribal communities. Even the SC/ST Act 1989, which gives special protection to marginalized communities, does very little to alter the status of these people. I therefore strongly urge you to ensure that the perpetrators are prosecuted under the SC/ST Act 1989 and receive a proper punishment. The victim should also receive adequate compensation under this Act. I also urge you to take proper action to protect the victim and her family from the intimidation by the perpetrators. I want to remind you that there are currently no remedies available for the victim and her family and this is aggravated by the fact that there is no effective system of witness protection to ensure the security of the victims. I further urge the Government of India to strictly implement the SC/ST Act in order to eliminate the violence against the marginalized communities in the country. Yours sincerely,---------------------PLEASE SEND LETTERS TO:1. Mr. Yashpal Singh, IPSDirector General of PoliceTilak Marg, LucknowUttar PradeshINDIATel : +91 52 2220 6104Fax :+91 52 2220 6120, 2220 6174. E-mail : police@up.nic.in 2. Mr. Mulayam Singh YadavChief Minister of Uttar Pradesh Chief Minister's Secretariat Lucknow Uttar Pradesh INDIA Fax: + 91 52 2223 0002 / 2223 92343. Mr. Guru PrasadDistrict MagistrateChandauli, Uttar PradeshINDIATel: +91-5412-262557Fax: +91-542-2625004. Mr. R.K.ChaturvediSuperintendent of Police (SP) Chandauli,Uttar PradeshINDIATel: +91-5412-262480Fax: +91-5412-2624785. Justice A. S. AnandChairpersonNational Human Rights Commission of IndiaFaridkot House, Copernicus Marg New Delhi-110001INDIATel: + 91 11 2307 4448Email: mailto:chairnhrc@nic.in6. Justice A.P. Mishra Chairperson Uttar Pradesh Human Rights Commission 6-A Kalidass Marg Lucknow Uttar PradeshINDIATel: + 91 52 2272 6742 Fax: + 91 52 2272 67437. Ms. Yakin ErturkSpecial Rapporteur on Violence against Womenc/o Ms Lucinda OhanlonRoom 3-042OHCHR-UNOG, Palais Wilson,8-14 Avenue de la Paix,1211 Geneva 10SWITZERLANDTel: +41 22 917 9615Fax: +41 22 917 9006 (Attn: Special Rapporteur on Violence against Women)Email: lohanlon@ohchr.org Thank you. Urgent Appeals Programme Asian Human Rights Commission (AHRC)Posted on 2006-02-14Back to [2006 Urgent Appeals]

Ann.5:[Hunger Alert] UPDATE (India): Basic assistance provided by government insufficient in maintaining the livelihoods of indigenous quarry workers in Mirzapur District, Uttar Pradesh UPDATE ON HUNGER ALERT UPDATE ON HUNGER ALERT UPDATE ON HUNGER ALERT ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM Update on Hunger Alert01 February 2006[Re: HA-23-2005: INDIA: Villagers exploited by employment in slave like conditions due to lack of food and terrible living conditions]--------------------------------------------------------------------- HU-01-2006: UPDATE (India): Basic assistance provided by government insufficient in maintaining the livelihoods of indigenous quarry workers in Mirzapur District, Uttar PradeshINDIA: Hunger and malnutrition; acute poverty; delayed and inadequate government action---------------------------------------------------------------------Dear friends,The Asian Human Rights Commission (AHRC) has received further information from the People’s Vigilance Committee for Human Rights (PVCHR) regarding the current situation and conditions of quarry labourers living in the Mirzapur District. The AHRC previously reported that the labourers, who are from Chamar tribal community in Kodwari Village, were forced to work at the quarries due to abject poverty and the lack of an alternative source of livelihood. Furthermore, it was reported that a major lorry accident had resulted in four deaths and 22 injuries.Recently, the District Magistrate of Mirzapur and other officials visited the village to gather information and assess the needs of the community. Some immediate assistance was provided to the victims, particularly to address their food concerns. However, given the dire situation in the village itself, the assistance given was too basic to provide any rehabilitation or lasting support to the quarry workers, who only wish to be self-sufficient. The AHRC urges you to write letters to relative officials pressing them to ensure that adequate and sufficient assistance is provided to the villagers and that further steps are taken to ensure that the victims can provide for their livelihoods. Urgent Appeals Desk -- Hunger AlertAsian Human Rights Commission (AHRC)------------------------------------------------------UPDATED INFORMATION:On September 24, 2005 the District Magistrate (DM) of Mirzapur, Mr. Umesh Kumar Mittal, and the Sub Divisional Magistrate (SDM) visited the Kodwari village, under direction from the National Human Rights Commission, to meet with the victims and discuss their concerns. Soon after their visit, 95 AAY (Anthyodaya Anna Yojana) cards, given to families living below the poverty line, and 10 Annapurna cards (ration cards for senior citizens) were distributed among the villagers. Twenty-five families were also given Rs. 800 each to build houses and two families were promised Rs. 5,000 in compensation. The village was also visited by the Circle Officer and SHO (Station House Officer) of Police. Subsequently, after their visit, the Public Distribution Shops in the area were reviewed and the shops are now open regularly, finally providing rations to those who have cards.While some assistance has been provided, this however has been insufficient in providing any long-term benefit to the victims. Currently, the village has no irrigation system or wells and must rely on rainwater to irrigate the agricultural land. Furthermore, women and children also suffer greatly from the situation in the village. Because of the severe lack of food and employment opportunities in the community, women have an even smaller number of work options. An Integrated Children Development Services (ICDS) center also does not exist in the area, which is a direct violation of the Supreme Court civil writ No. 196/2001 (PUCL vs. Union of India). Thus, children do not benefit from Mid-Day meals or have the opportunity to attend school, and child-care services are not provided for families where the adults must work.Finally, it was earlier demanded that Rs. 100,000 should be given to all persons who died in the stone quarry accident on July 10, 2005. Additionally, Rs. 25,000 must be given to all those injured in the accident. However to date, no compensation in this form has been provided to any of the victims or victims’ families. BRIEF HISTORY OF CASE:The villagers, who have been working in slave-like conditions as quarry workers, are driven to work in dangerous situations due to the severe lack of food. Even with the work, discriminatory practices by their bosses ensure that the labourers and their families continue to live in terrible conditions. In the most recent past, a tragic accident cost the lives of several workers, and no compensation or medical care was offered to the victims. Please see HA-23-2005 for a detailed background on the living and work conditions of the villagers in this case.SUGGESTED ACTION:Please send a letter to the officials addressed below and urge them to take more steps to provide rehabilitation and compensation to starvation victims in Mirzapur. In particular, many long-term programmes and schemes must be implemented in order to allow the villagers to provide for their own livelihoods.SAMPLE LETTER:Dear __________,RE: INDIA: Basic assistance provided by government insufficient in maintaining the livelihoods of indigenous quarry workers in Mirzapur District, Uttar PradeshI was recently updated as to the current status and situation of the stone quarry workers and villagers residing in Kodwari Village, Chunar. I was informed that on September 24, 2005 District Magistrate Umesh Kumar Mittal and the Sub Divisional Magistrate of Mirzapur visited the village to conduct an inquiry under the direction of the National Human Rights Commission. Subsequent to their visit, 95 AAY (Anthyodaya Anna Yojana) cards, given to families living below the poverty line, and 10 Annapurna cards (ration cards for senior citizens) were distributed among the villagers. Twenty-five families were also given Rs. 800 each to build houses and two families were promised Rs. 5,000 in compensation. I was also informed that the Public Distribution Shops in the area became regularized after a recent visit by the Circle Officer and SHO (Station House Officer) of Police, which now allows the villagers who hold ration cards access to food.While I acknowledge the efforts made by the local administration to provide immediate relief to the victims of hunger in the village, I am still deeply concerned about the dire conditions that exist. Currently, no alternative means of employment have been provided to the villagers, in particular, to women and those who were injured in the recent stone quarry accidents. Additionally, no irrigation system exists to water the agricultural land in the village. Access to water must be provided to the victims, and as Mirzapur is one of the districts under the National Rural Employment Guarantee Act, 2005, a feasible option would be to employ the villagers themselves to dig wells in Kodwari. Stone quarry and alternative job opportunities must also provided to women and others in the village. Together, with the ration cards already provided, this will allow for the villagers to maintain their own livelihoods.Additionally, children are also suffering greatly and do not have access to basic necessities such as education and child-care. Integrated Children Development Services (ICDS) centers should be provided in all rural areas under the Supreme Court ruling in the PULC vs. Union of India case (No. 196/2001), allowing for children to be educated and taken care of while their parents work. At present, no ICDS center exists and therefore, a primary school and at least two ICDS centers need be started in the community, where Mid-day meals can be provided to all children to ensure they are receiving a sufficient amount of nutritious food.Finally, it has come to my notice that several of the concerns brought up by victims and families of the people deceased in the stone quarry accident on July 10, 2005 have not been addressed. In July, several villagers were made to work digging the quarry and loading up a lorry with stones. The driver of the lorry was drunk and consequently 22 people were injured and four were killed. A request was made that compensation of Rs. 25,000 and medical care be provided to each victim injured, and Rs. 100,000 be provided to families who had lost a loved one. This compensation must be provided to the victims, many of whom cannot work and take care of their families.I urge you to take immediate steps in addressing these issues and to ensure that the villagers in Kodwari receive the proper assistance needed to sustain their livelihoods in the long-run. This includes the access to water, food, alternative means of employment, housing and education for the children. I also hope that those who were affected by the stone quarry accident receive compensation without further delay.I look forward to your intervention in this matter.Sincerely, -----------------PLEASE SEND LETTERS TO:1. Mr. Mulayam Singh YadavChief Minister of Uttar PradeshChief Minister's SecretariatLucknowUttar PradeshINDIAFax: + 91 52 2223 0002/2223 9234Email: cmup@up.nic.in 2. Mr. Umesh Kumar MittalDistrict MagistrateMirzapur DistrictUttar PradeshINDIATel: +91 54 4225 2480, 7400Fax: +91 54 4225 2552Email: mir@up.nic.in 3. Sub Divisional MagistrateChunar, Mirzapur DistrictUttar PradeshINDIATel: +91 54 4222 2413PLEASE SEND COPIES TO:1. Justice A.P. MishraChairpersonUttar Pradesh Human Rights Commission6-A Kalidass MargLucknow, Uttar PradeshINDIATel: +91 52 2272 6742Fax: +91 52 2272 6743Email: uphrc@sancharnet.in 2. Justice A. S. AnandNational Human Rights Commission of IndiaFaridkot House, Copernicus MargNew Delhi 110001INDIATel: +91 11 2338 2742Fax: +91 11 2338 4863Email: covdnhrc@nic.in, ionhrc@nic.in 3. ChairmanNational Commission for Scheduled Castes5th Floor, Loknayak Bhawan, Khan Market,New Delhi-110 003 INDIATel: +91 11 2 463 2298 / 2462 0435E-mail: chairman-ncscst@ncscst.nic.in 4. Mr. Jean ZieglerUN Special Rapporteur on the Right to Foodc/o Mr. Carlos Villan DuranRoom 4-066, OHCHR, Palais Wilson,Rue des Paquis 52, GenevaSWITZERLANDTel: +41 22 917 9300Fax: +41 22 917 9010Email: sect.hchr@unog.ch 5. Mr. Gian Pietro Bordignon Country DirectorWorld Food Programme 2 Poorvi Marg, Vasant Vihar, New Delhi 110057INDIATel: +91 11 2615 0001Fax: +91 11 2615 00196. Chief Mines OfficerDirectorate of Geology and MiningKhanij Bhawan, 27/8, Ram Mohan Rai MargLucknow, Uttar PradeshINDIATel: + 91 52 2220 5906, 2220 5909Fax: +91 52 2220 59107. Mines OfficerMirzapur, Mirzapur DistrictUttar PradeshINDIATel: + 91 54 4225 6339Thank you.Urgent Appeals Programme -- Hunger AlertAsian Human Rights Commission (AHRC)Posted on 2006-02-01Back to [2006 Urgent Appeals]

Ann.6:INDIA: Slavery flourishing under police protection in Varanasi, Uttar Pradesh State URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTIONASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMMEUrgent Appeal24 February 2006------------------------------------------------------UA-074-2006: INDIA: Slavery flourishing under police protection in Varanasi, Uttar Pradesh StateINDIA: Bonded labour and slavery, torture, corrupt policing and government neglect------------------------------------------------------Dear friends,The Asian Human Rights Commission (AHRC) has received information from our local partner, the Peoples’ Vigilance Committee for Human Rights (PVCHR), about bonded labour – effectively slavery - being practiced by brick kiln owners in Varanasi District, Uttar Pradesh state, India. Dozens of families have reportedly been bought for small amounts of money and are being forced to work in the brick kilns. They are paid a pittance each week, not as payment, but as money to buy food for survival. This ensures that they are unable to repay their debts to the brick kiln owners and continue to be bound by the vicious circle of bonded labour. The PVCHR is currently protecting two persons who escaped from the custody of their owners. The PVCHR has also lodged a complaint with the authorities in India. However, a complaint lodged with the police resulted in a raid in which the police took into custody two persons who were working at the kilns. The police then took them to the police station and beat them, for having complained against their owners. The police reportedly threatened them with severe consequences if they dare to complain again in the future.On February 19, 2006, Mr. Suresh (son of Chandrma and a resident of Mahasipur village), Mr. Jagdish (son of Bhagwati and a resident of Phulpur village) and Mr. Sitalu (son of Munnilal and a resident of Mahasipur village) came to the offices of PVCHR in Varanasi to complain about their employer. On inquiry, it was revealed that they were being forced to work at a brick kiln in Amauli village that is jointly owned by three brothers, Mr. Savaru Yadav, Mr. Namuna Yadav and Mr. Namvar Yadav. Suresh, Jagdish and Sitalu complained that they came to the brick kiln because they were offered Rs. 1000.00 (US 22) as a cash loan by Savaru, Namuna and Namvar, for which they were asked to work at the kiln as a means to pay back their debts. They were also forced to bring their families to work at the kilns. They have been forced to work every day without a break, even when they are sick. Those who have complained have been tied up and beaten. Those who have wanted to leave, promising that they could arrange for payment of their debts by other means, have also been subjected to the same treatment. No-one has been allowed to leave. Apart from the three persons who came to the PVCHR, there are thought to be tens of other families facing similar conditions at these kilns.The weekly payment for the bonded labourers at the kilns is Rs. 100.00 (US 2) per week. This money is used to buy food for the entire family to stay alive. It is not sufficient to begin aying back the debts. It is alleged that the owners of the kiln also sell families to other kiln owners or industrialists who are in need of labour.Suresh and Sitalu reportedly felt they could not return for fear of reprisals, however, Jagdish did return since his wife and his father were still at the kiln. Sitalu has informed PVCHR that the owners have agreed to free anyone if they pay Rs. 6000.00 (US 136) per person.PVCHR filed a complaint at the Chaubeypur police station and also with the District Magistrate of Varanasi about the case on February 19, 2006. However, on receipt of the complaint, the police, on the pretext of raiding the kiln to arrest the owners and to free the people, took into custody Mr. Sachinder and Mr. Chotelal, who were also being held under bonded labour. They were taken to the police station where the Station House Officer shouted at them, asking them why their colleagues had complained against the owners of the kiln. They were tortured and were threatened with further beatings if any more complaints were made against their owners. They were released on February 20, 2006, but only after having to pay Rs. 250.00 to Rs. 1000.00. They arranged payment of the money to the police by borrowing it from other persons. PVCHR took Sachinder to the District Hospital Varanasi the next day, where the doctor examined him and has provided a medical report detailing his injuries. A complaint, along with a copy of the medical report and a narration of the facts, was immediately faxed to the National Human Rights Commission. A second complaint and copy of the medical report was lodged with the District Magistrate on February 21, 2006. Yet another complaint was filed with the Senior Superintendent of Police on February 22, 2006. None of these complaints have as yet been acted upon.Bonded labour and slavery is prohibited by law in India. The Bonded Labour (Prohibition) Act 1976 and Sections 371 (on slavery) and 374 (on compulsory labour), if enforced, would prevent such practices. Given that the victims are members of scheduled castes and scheduled tribes, the perpetrators’ acts are also offences under the Section 3 (1) 7 of the Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act 1989. However, the implementation of these laws depends completely upon the policing system in India. There are rulings by the Supreme Court of India on how to prevent slave-like practices and bonded labour. However, owing to the complete failure of policing in India, the implementation of these laws has failed miserably, at the expense of the illiterate poor of India, which form 70% of India’s population. This is exploited by people like the brick kiln owners in the case above. The police not only collect bribes from the industrialists who engage in bonded labour and slave practices, but will also collect money from those who dare to complain. The police often work for these industrialists to force their workers to continue working without complaint or possibility of escape. In spite of the fact that many such cases have been brought to the notice of the Indian authorities, nothing has been done as yet to bring about any change in the situation.The AHRC condemns the attitude of the Indian authorities towards these atrocious practices and calls for your immediate intervention in this case. We hope your intervention and concern will help to bring about change in the living conditions of the poor and exploited in India.SUGGESTED ACTION:Please send a letter to the relevant authorities, to the District Magistrate Varanasi in particular, and others listed below, urging them to take immediate action to arrest the alleged perpetrators and provide protection to the victims. Please ensure that strong disciplinary/criminal action is taken against police officers who have failed in their duty to take action and investigate the case.--------------------------------Suggested letter:Mr. Gokaran District MagistrateVaranasi, Uttar PradeshINDIAINDIA: Slavery flourishing under police protection in Varanasi, Uttar Pradesh StateName of victims: (1) Suresh, son of Chandrma, a resident of village Mahasipur(2) Jagdish, son of Bhagwati, a resident of village Phulpur(3) Sitalu, son of Munnilal, a resident of Mahasipur(4) Sachinder (5) Chotelal(6) Bhagwati, father of Jagdish(7) Munnar, brother of Bhagwati(8) Kashi, son of Bhagwati(9) Bahadur, nephew of Bhawati(10) Kalawti, wife of Jagdish(11) Lalati, wife of Bhawati(12) Guddi, wife of Bahadur(13) Panchuyee, wife of Bhagwati’s brotherAll are residing under the jurisdiction of Chaubeypur police station, Varanasi District, Uttar Pradesh, India.Name of alleged perpetrators: (1) Savaru Yadav(2) Namuna Yadav(3) Namvar YadavAll are residents of Amauli village under the jurisdiction of Chaubeypur police station, Varanasi District Uttar Pradesh, India(4) Station House Officer, Chaubeypur police station, Varanasi District Uttar Pradesh, IndiaDate of incident: From 2005 to datePlace of incident: Amauli village under the jurisdiction of Chaubeypur police station, Varanasi District Uttar PradeshI am writing to voice my deep concern regarding the cases of slavery and bonded labour reported from Amauli village, under the jurisdiction of Chaubeypur police station, Varanasi District, Uttar Pradesh. I am informed that tens of families are being forced to work as bonded labourers for brick kiln operators. Paltry pay ensures that they cannot escape the clutches of bonded labour by repaying their debts to the owners of the brick kilns. I am shocked to learn that the owners of the brick kilns even sell these persons to other operators, if necessary with the help of the police, the Chaubeypur police in particular.It is worrisome to know that when a complaint was lodged by a local human rights organisation with the police, instead of helping the victims by rescuing them from captivity, the police took into custody two of the victims and beat them at the police station. The police also threatened them with further beatings if they ever dared to complain about their owners again.I am concerned by the fact that there has been no action taken by the District Magistrate, in spite of the fact that he has received a complaint from the victims detailing their plight.I therefore urge you to take immediate steps to put an end to slave-like practices and bonded labour in all industrial establishments, in the brick kiln owned by the perpetrators named above in particular, and to immediately free these persons from bonded labour. I also urge you to initiate an impartial inquiry into the alleged police torture of two victims and ensure that any guilty police officers are immediately removed from service and prosecuted, and to guarantee that adequate reparation is awarded to the victims.. Yours sincerely,----------------PLEASE SEND COPIES TO:1. Mr. Mulayam Singh YadavChief Minister of Uttar Pradesh Chief Minister's Secretariat Lucknow, Uttar Pradesh INDIA Fax: + 91 52 2223 0002 / 2223 9234Email: csup@up.nic.in2. Mr. K. Natwar Singh External Affairs MinisterAkbar Bhavan, Chanakya PuriNew Delhi-110021INDIATel: +91 11 26114451, Extn.1205/1219, 24103071, 24103205Fax: + 91 11 23010700 / 23010680E-mail: usfsi@mea.gov.in3. Mr. Navneet SikeraSenior Superintendent of PoliceVaranasiINDIATel: +91 54 22502655, +91 98 3950 4898 (mobile)Fax: +91 54 2250 14504. Justice A.P. Mishra Chairperson Uttar Pradesh Human Rights Commission 6-A Kalidass Marg Lucknow, Uttar PradeshINDIATel: +91 52 2272 6742 Fax: +91 52 2272 67435. Shri Justice A. S. AnandChairpersonNational Human Rights Commission of IndiaFaridkot House, Copernicus Marg New Delhi-110001INDIATel: +91 11 23074448Fax: +91 11 2334 0016E-mail: chairnhrc@nic.in6. The National Commission for Scheduled Castes and Scheduled TribesGovernment of India5th Floor, Loknayak BhawanKhan MarketNew Delhi 110003INDIAFax: + 91-11 2462 53787. The Regional DirectorInternational Labour Organisation11th Floor, United Nations BuildingRajdamnern Nok AvenueP.O. Box 2-349Bangkok 10200, THAILANDFax: + 66 - 22883056E-mail: bangkok@ilo.org8. Ms. Leyla Tegmo-Reddy,Director and ILO Representative in India International Labour OrganizationSub Regional Office for South AsiaIndia Habitat Centre, 3rd Floor, Core 4BLodi Road, New Delhi 110 003INDIAFax: + 91 11 24602111E-mail: sro-delhi@ilodel.org.in 9. Mr. Jullian ParrChief Technical AdviserPromotion the Prevention and Elimination of Bonded Labour in South Asia (PEBLISA) Sub-regional Programme, International Labour OrganizationSub Regional Office for South AsiaIndia Habitat Centre, 3rd Floor, Core 4BLodi Road, New Delhi 110 003INDIAFax: + 91 11 24602111E-mail: sro-delhi@ilodel.org.in 10. Mr. Juan SomaviaDirector GeneralInternational Labour OrganisationInternational Labour Office, 4, route des Morillons CH-1211 Geneva 22 SWITZERLANDFax: + 41 - 227988685E-mail: cabinet@ilo.orgThank you.Urgent Appeals Programme (ua@ahrchk.org) Asian Human Rights Commission (ahrchk@ahrchk.org)Posted on 2006-02-25Back to [2006 Urgent Appeals]

Ann.7:INDIA: Yet another attack on human rights activist in Belwa village, Uttar Pradesh URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTIONASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMMEUrgent Appeal23 February 2006------------------------------------------------------UA-068-2006: INDIA: Yet another attack on human rights activist in Belwa village, Uttar Pradesh INDIA: Intimidation, threat to human rights defenders------------------------------------------------------Dear friends,The Asian Human Rights Commission (AHRC) has received information regarding an attack on Mr. Issuk Ali, a human rights activist associated with the Peoples' Vigilance Committee on Human Rights (PVCHR). He was visiting a primary school in the Belwa village in Varanasi to make enquiries into the Mid Day Meal scheme. However, his investigation ceased after he was assaulted and forced to leave the school. Subsequently, his father was threatened and verbally abused by the head of Belwa village and when Issuk Ali went to lodge his complaint at the police station, the police refused to record it down without giving any reason. This incident greatly concerns the AHRC because it is not the first time that human rights activists have been attacked in the district of Varansi, which speaks to the dangerous situation human rights defenders are in.On 18 February 2006, Mr. Issuk Ali visited a primary school in Belwa village under the Badagoan Block of Phulpur police station in Varanasi District in connection with a project he was working on. He had been visiting this primary school for the past three days to make enquiries on the execution of the Mid Day Meal programme. The project was to ensure the implementation of different schemes at the ground level, and to educate the children and community about their rights.From his visit he found that the meals distributed for the children did not conform with the standards set down by the Supreme Court; there were no pulses included in the Khichdi (Indian dish consisting of mainly rice and lentils) that was served. Issuk Ali suspected malpractices in the food distribution and has confirmation that much of the food intended to be cooked and distributed among the students, obtained free of cost from the government, is sold in open market through grocery shops. The cook as well as the village head of Belwa and the local police are suspected to gain illegal profits from this sale. He also found that the woman who was appointed as cook was an upper caste Hindu. When Issuk Ali tried to gather more information from the children and the teachers in the school about the quality of the Mid Day Meal, a man, claiming to be the cook’s brother came and assaulted Issuk Ali. The man forced Issuk Ali to leave the school and threatened that if he ever came again he would be killed. Soon after Issuk Ali left the school, a group of 8 men led by the head of Belwa village, Mr. Rajendra Tiwari, went in search of him. They first went to the school and then to Issuk Ali’s house. Only finding Issuk Ali’s father in the house, they began to insult him, shouting filthy abuse at him and warning him to keep his son under control otherwise father and son would face the consequences. Due to the aggressive threats against himself and his father, Issuk Ali went to Phulpur police station to file a complaint against the perpetrators. However, the police refused to record the complaint and they refused to give any reasons. The AHRC is extremely disappointed that the police have refused to take any action against the perpetrators or to offer protection to Issuk Ali. What makes this case even more frustrating is the fact that this is not the first case the AHRC have highlighted regarding threats to human rights activists in Varansi. (please refer toUA-138-2005; UP-95-2005; UP-100-2005; and UP-166-2005) Furthermore, there have been numerous accounts of Mr. Tiwari and his gang threatening human rights activists in Belwa village and yet no action or accountability has been placed upon them. The fact that the police refused to record the complaint is in direct violation of the UN Declaration on Human Rights Defenders 1998 which includes provisions that human rights defenders whose rights are violated must have access to avenues of redress (Article 9). It is surprising to note that even after cases of similar nature was brought to the attention of the Government of India personally by the victims and also by the UN, no steps whatsoever has been taken by the Indian authorities to curb the attack on human rights defenders in India, Belwa in particular. This case is further proof as to how corrupt policing and neglect by the Indian authorities, particularly in remote villages which is home to 70% of Indians, and lack of proper laws and failure of implementation of existing laws culminates in absolute failure of rule of law in India.The situation in Belwa and neighbouring villages is such that the might of the upper caste is prevailing over those working for human rights in the area. Human rights activists are fearful for their lives, particularly since the local administration has not yet extended their support in preserving law and order in the region. The immediate retaliation of the caste Hindus with the support of the local civil administration is to suppress any act that might liberate the dalits and backward community from their servitude.ADDITIONAL INFORMATION:The mid-day meal scheme is the popular name for free school meal programme in India. It involves provision of lunch free of cost to school-children on all working days. The key objectives of the programme are: protecting children from classroom hunger, increasing school enrolment and attendance, improved socialisation among children belonging to all castes, addressing malnutrition, and social empowerment through provision of employment to women. The scheme has a long history especially in Tamil Nadu and Gujarat, and has been expanded to all parts of India after a landmark direction by the Supreme Court of India on November 28, 2001. The success of this scheme is illustrated by the tremendous increase in the school participation and completion rates in Tamil Nadu.SUGGESTED ACTION:Please send a letter to the relevant authorities listed below and urge them to take immediate action to arrest the alleged perpetrators and provide protection to human rights defenders at threat. Please ensure that strong disciplinary/criminal action is taken against police officers who failed in their duty to take action and investigate the case.------------------------------------------------------Suggested letter:Dear __________,INDIA: Yet another attack on human rights activist in Belwa village, Uttar PradeshName of victim: Issuk Ali, a human rights activist associated with the Peoples' Vigilance Committee on Human Rights (PVCHR) Name of alleged perpetrators: The brother of Belwa school cook, Rajendra Tiwari, Guddu Tiwari and their gang of 8- 10 men. Date of incident: 18 February 2006Place of incident: Belwa school and Issuk Ali’s houseI am writing to voice my deep concern regarding the case Issuk Ali, a human rights activist associated with the Peoples' Vigilance Committee on Human Rights (PVCHR) who was threatened and assaulted in Belwa village, Uttar Pradesh.Issuk Ali was working in the Belwa village under the Badagoan Block of Phulpur Police Station in Varanasi District on a project to ensure the different implementation of different schemes at the ground level, and to educate the children and community about their rights. On 18 February 2006, while investigating a school in Belwa with regards to their Mid Day Meal programme, he found that the meals did not conform to the standard set down by the Supreme Court. However, his enquiry soon stopped when the cook’s brother forced Issuk Ali to leave the school warning him that if he ever came back then he would be killed.Afterwards, a group of 8 men led by the head of Belwa village, Rajendra Tiwari, went in search of Issuk Ali. They went to the Belwa school and then to Issuk Ali’s house. They surrounded Issuk Ali’s father and began to insult him, shouting filthy abuse at him and warning him to keep his son under control otherwise father and son would face the consequences. ?lt;br />Due to the aggressive threats against himself and his father, Issuk Ali went to the Phulpur Police Station to file a complaint against the perpetrators. However, the police refused to record the complaint but they did not give any reasons for their refusal.Issuk Ali suspects malpractices in the food distribution and has confirmation that much of the food intended to be cooked and distributed among the students, obtained free of cost from the government, is sold in open market through grocery shops. The cook as well as the village head of Belwa and the local police are suspected to gain illegal profits from this sale.I am very disappointed that the police have refused to take any action against the perpetrators or to offer protection to Issuk Ali.What makes this case even more frustrating is the fact that this is not the first case the AHRC have highlighted regarding threats to human rights activists in Varansi. The fact that the police refused to record the complaint is in direct violation of the UN Declaration on Human Rights Defenders 1998, which sets down provisions to ensure the protection of human rights defenders. I am informed that in the recent past the same organisation was targeted by Mr. Tiwari in a case were another staff of the PVCHR was threatened. In that case the same local police refused to take any action. However, the complaint was registered only when the United Nations Special Procedure Mechanism through its Rapporteurs and Working groups requested the Government of India to take appropriate action. This case is pending investigation.This case highlights the extremely vulnerable position that human rights activists in the Varanasi District face on a day-to-day basis and the negligence on the part of the police to notice or take action against the perpetrators. Therefore, I urge you to take immediate action to arrest the alleged perpetrators and provide protection to Issuk Ali and his father.Please ensure that strong disciplinary/criminal action is taken against the police officers who failed in their duty to take action and investigate the case. Yours sincerely,----------------PLEASE SEND COPIES TO:1. Mr. Mulayam Singh YadavChief Minister of Uttar PradeshChief Minister's SecretariatLucknow, Uttar PradeshINDIAFax: + 91 52 2223 0002 / 2223 9234Email: csup@up.nic.in2. Mr. K. Natwar SinghExternal Affairs MinisterAkbar Bhavan, Chanakya PuriNew Delhi-110021INDIATel: +91 11 26114451, Extn.1205/1219, 24103071, 24103205Fax: + 91 11 23010700 / 23010680E-mail: usfsi@mea.gov.in3. Mr. Navneet SikeraSenior Superintendent of PoliceVaranasiINDIATel: +91 54 22502655, +91 98 3950 4898 (mobile)Fax: +91 54 2250 14504. Justice A.P. MishraChairpersonUttar Pradesh Human Rights Commission6-A Kalidass MargLucknow, Uttar PradeshINDIATel: +91 52 2272 6742Fax: +91 52 2272 67435. Shri Justice A. S. AnandChairpersonNational Human Rights Commission of India Faridkot House, Copernicus Marg New Delhi-110001 INDIATel: +91 11 23074448Fax: +91 11 2334 0016E-mail: chairnhrc@nic.in6. Ms. Hina JilaniSpecial Representative of the Secretary General for human rights defendersAtt: Ben MajekodunmiRoom 1-040C/o OHCHR-UNOG1211 Geneva 10,SWITZERLANDTel: +41 22 917 93 88Fax: +41 22 917 9006 Thank you.Urgent Appeals ProgrammeAsian Human Rights Commission Posted on 2006-02-23Back to [2006 Urgent Appeals]

Ann.8:Case Details of File Number: 38403/24/2005-2006Diary Number 1063Name of the Complainant DR. LENIN , PEOPLE VIGILANCE Address COMMITTEE ON HUMAN RIGHTS VARANASI , UTTAR PRADESH Name of the Victim SURESH & OTHERS Address R/O VILL- MAHASIPUR ,PS- CHOBEYPUR , VARANASI , UTTAR PRADESH Place of Incident N.A VARANASI , UTTAR PRADESH Date of Incident 1/1/1991Direction issued by the Commission Issue notice to the DM, Varanasi, calling for a report in four weeks.Action Taken Notice IssuedStatus on 3/4/2006 Response from concerned authority is awaited.Ann.9:6. Caste-based discrimination in India COMMISSION ON HUMAN RIGHTSSixty-second sessionItem 6 of the provisional agenda RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND ALL FORMS OF DISCRIMINATIONWritten statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organisation in general consultative statusCaste-based discrimination in India1. In India the members of the lower castes continue to suffer severe acts of discrimination at the hands of upper castes, especially corrupt caste-conscious police and local authorities. Despite domestic laws to prohibit caste-based discrimination in accordance with the Constitution of India, such as the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (1989) and the Untouchability (Offences) Act, (1955), implementation remains a far off dream owing to the collapse of the rule of the law in India. 2. Discrimination against lower castes has extended to restricting the exercise of the right to participate in elections. For instance, in Belwa of Varanasi district, Uttar Pradesh, Mr. Rajendra Thiwari held the post of village headman of the Village Panchayath (a statutory local body) for 27 years without challenge. Thiwari belongs to an upper caste. During the 27 years, the only period of time when Thiwari did not fill the post of village headman was when the position was reserved for a female candidate. However, Thiwari nominated his wife, Mrs Thiwari, who governed in his stead. During the 27 years of Thiwari’s leadership, the lower castes in Belwa were not allowed to participate in the election. In August 2005, when the election to the Belwa Village Panchayath was declared, Mr S N Giri, representing the lower caste, filed his nomination to contest the post. Thiwari and other members of the upper caste immediately responded by threatening Giri, his supporters and his family with serious consequences, including murder. When the case was exposed internationally, the government was forced to intervene. The election was conducted under police supervision and members of the lower caste were able to caste their votes. Due the expectation of large numbers of lower caste voters, Thiwari strongly encouraged all upper caste women to also cast their vote to ensure his own success. Ironically, this also resulted in the ability of upper caste women to participate in a local election for the first time in 27 years as a direct result of the success of the lower caste struggle. 3. Though the above case had a positive outcome, many others do not conclude so well. Seeking redress for discrimination by upper castes can result in discrimination from the authorities themselves, such as in the case of Mr. Birju, son of Bikkal; his wife, Mrs. Kusmnawti; and Mr. Omprakash, the son of Kusmnawti. On 28 December 2005 while Birju, Kusmnawti and Omprakash were collecting firewood from the forest at a location known as 'Doma' within the jurisdiction of Nichlaul police station, Mahrajgan district, Uttar Pradesh, they were assaulted by a gang from the upper caste on an allegation that their cart was blocking the road. Severely injured from the assault they attempted to lodge a complaint with the local police. Mr. Ramadhar Yadav, the Station House Officer in charge of Kothibhar police station, registered their complaint as a petty crime and ordered the victims from the station when they insisted that their case should be registered as an offence under the Scheduled Caste Scheduled Tribes (Prevention of Atrocities) Act (1989) of India. The police officer also threatened the victims with beatings if they attempted to lodge a complaint again at the police station.4. Beatings by the police are not unusual in India. The ALRC is submitting a separate submission on custodial torture in India to the Commission where this issue is dealt with in more detail. 5. One area where caste discrimination is most evident in India is in the employment sector. Although the Minimum Wages Act (1948) guarantees a minimum wage for labourers, it is not followed in respect to employment of lower castes, particularly in unorganized sectors. The authorities responsible for enforcing this law, often local Labour Officers, typically collaborate with the upper castes to deny rights to others. For instance, Mr. Ramachander a member of the Mushahar Community (a Scheduled Tribe, referred to as 'untouchables' by caste Hindus) of Rajgarh Administrative Block in Mirzapur District, Uttar Pradesh, was employed by Mr. Rakesh Patel as a quarry worker. Ramachander's daily pay was ten rupees (USD 0.25). When Ramachander’s mother fell sick, Ramachander borrowed 10,000 rupees from his employer Patel to pay for her treatment. Since Ramachander was unable to pay off the debt, Patel started deducting five rupees a day from Ramachander's pay. When he fell sick he failed to attend work. The following day he was assaulted by Patel and his men for not attending work on the previous day. This sequence of events--Ramachander's failure to attend work followed by beatings on his return--happened on several occasions before Ramachander sought to file a complaint against Patel at the police station. However, the police also physically abused Ramachander, accused him of impudence for complaining about an upper caste person and detained him in custody. The following day the police surrendered custody of Ramachander to Patel, by whom Ramachander was then brutally tortured. 6. Even Statutory Local Bodies like municipal corporations employ untouchables for menial 'polluting' jobs, such as scavenging. The Howrah Municipal Corporation and its neighbour in Kolkota, West Bengal, as well as various municipalities in Gujarat and Maharastra, employ members of the lower castes for "dirty" jobs. In Gujarat untouchable employees remain engaged in scavenging jobs which involve carrying human faeces on their heads. Meanwhile, in West Bengal dead bodies are handled only by untouchables. These 'Doms' are employed in the mortuaries where they are expected to perform post mortem examinations. Though Doms are not trained to conduct autopsies, it is common practice for Doms to conduct the examinations and the forensic surgeons to report according to their observations. Though this procedure reflects existing caste practices in India, it also directly stems from the failure of the rule of law there.7. The Government of India refers heavily to domestic law when challenged to remedy injustices stemming from caste practices; however, many domestic laws fall far short of international law standards. The report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people (E/CN.4/2005/88/Add.1, 16 February 2005) has raised precisely this concern. In reply, the Government of India responded spuriously that at the domestic level it doesn’t recognize a separate community as being "indigenous people". India has also limited its ratification of international conventions on the ground that Indian domestic law is competent in dealing with human rights. However, the manner in which domestic mechanisms work is clearly inadequate.8. The Asian Legal Resource Centre submits to the Commission that there are few avenues through which lower castes can seek redress for discrimination in India. The Constitution of India provides for equality among all citizens; however, the application of these provisions is not available to all Indians without discrimination. When lodging complaints regarding the violation of rights and atrocities committed against the lower castes the law applicable is the Scheduled Caste Scheduled Tribes (Prevention of Atrocities) Act (1989). This act calls for every complaint to be registered and investigated by a senior police officer: a Deputy Superintendent of Police. However, in reality, complaints are rarely registered and, if registered, are registered as petty crimes. Moreover, given the influence exerted by the upper caste upon the members of the lower caste, complaints are often quickly withdrawn under threat and intimidation.9. Domestic remedies wherever available are not accessible to members of the lower castes. This state of affairs extends to seeking redress before the Human Rights Commissions--State and National. To this date the number of complaints of caste-based discrimination registered at the commissions is very low when compared to the real level of discrimination against members of the lower castes in India. If registered, claims are quickly dismissed due to a lack of legal support for complainants, in contrast to the substantial legal support which the respondents have available. It is a stark reality that the commissions are not concerned about their inaccessibility to lower caste complainants, which is exacerbated by the commissions' employment of excessively technical language and procedures, not unlike that employed in the courts.10. In this context the ALRC request that the Commission address the Government of India in order to have it a. Acknowledge that caste-based discrimination is deeply institutionalized and must be stopped immediately.b. Take steps to prevent caste discrimination, especially in North India, where it is most harshly practiced. c. Ensure that exploitation of the members of the lower castes, especially as cheap labour, is prevented by proper implementation of labour laws. d. Implement the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (1989) and prosecute police officers who conspire with caste Hindus to ensure the continuation of the caste system and its associated discriminatory practices. e. Withdraw forthwith its reservations to international conventions so that individuals can seek redress from international bodies for grievances due to failures of domestic law-enforcing agencies to uphold their rights.Posted on 2006-02-14Back to [Written Statements - 62nd Session of the CHR]remarks:2

Ann.10:INDIA: PVCHR takes up cause of bonded labourers [Hindustan Times] HT CorrespondentVaranasi, February 22MORE THAN half a dozen members of the Musahar community are reportedly confined in a brick-kiln and working as bounded labourers under the pressure of its owners in Amauli village, under Chaubepur police station, in Varanasi.A human rights organisation, People’s Vigilance Committee on Human Rights (PVCHR) has come forward to ensure safe release of these labourers.While taking to mediapersons here on Wednesday, PVCHR convenor Dr Lenin demanded from the district administration to conduct a raid at the brick-kiln in Amauli village.Dr Lenin, also member of the District Bonded Vigilance Committee, said the matter came to his knowledge when three labourers escaped from the brick-kiln and approached him in this regard on February 19.Those three labourers were Sittalu, Suresh and Jagdish. However, Jagdish returned to the brick-kiln, as his relatives were still under the custody of its owner. Dr Lenin said he had sent a fax to the district magistrate, the Human Rights Commission and special secretary of home affairs on February 19. The Chaubepur police conducted a raid at the brick-kiln and arrested two bonded labourers, Sachidanand and Chotelal, on February 19. He alleged that the policemen brought these labourers to the police station and released them after forcing them to pay Rs 1,200 to the brick-kiln owners.“Since it is a matter of bonded labour, officers of SDM rank are authorised to conduct raids,” he said, adding that 9 persons were still working as bonded labourers in the brick-kiln.Dr Lenin added that if the district administration did not give a positive response in this connection, he would approach the Asian Human Rights Commission.Sittalu and Chote complained that brick-kiln owners Sawry Yadav, Namuna Yadav and Namvar Yadav did not give them the minimum fixed payment and compelled them to work on their own conditions.Link: http://www.hindustantimes.com/news/5922_1632891,0015002500030002.htmFebruary 22, 2006Posted on 2006-02-22Back to [2006 AHRC in News]

Ann.11:

February 27, 2006

Slavery, bonded labour flourishing in Varanasi

Varanasi (ICNS) -- A fact-finding report from the Asian Human Rights Commission (AHRC) says slavery and bonded labour are flourishing under police protection in Varanasi in Uttar Pradesh because of government neglect. According to the report, AHRC says its local partner, the Peoples’ Vigilance Committee for Human Rights (PVCHR), conducted a survey about bonded labour – effectively slavery - being practiced by brick kiln owners in Varanasi District.“Dozens of families have reportedly been bought for small amounts of money and are being forced to work in the brick kilns. They are paid a pittance each week, not as payment, but as money to buy food for survival,” it said.This ensures that they are unable to repay their debts to the brick kiln owners and continue to be bound by the vicious circle of bonded labour.The PVCHR is currently protecting two persons who escaped from the custody of their owners. The PVCHR has also lodged a complaint with the authorities in India. However, a complaint lodged with the police resulted in a raid in which the police took into custody two persons who were working at the kilns. The police then took them to the police station and beat them, for having complained against their owners. The police reportedly threatened them with severe consequences if they dare to complain again in the future.The following is an instance of slavery and bonded labor that AHRC/PVCHR have reported:On February 19, Mr. Suresh (son of Chandrma and a resident of Mahasipur village), Mr. Jagdish (son of Bhagwati and a resident of Phulpur village) and Mr. Sitalu (son of Munnilal and a resident of Mahasipur village) came to the offices of PVCHR in Varanasi to complain about their employer. On inquiry, it was revealed that they were being forced to work at a brick kiln in Amauli village that is jointly owned by three brothers, Mr. Savaru Yadav, Mr. Namuna Yadav and Mr. Namvar Yadav. Suresh, Jagdish and Sitalu complained that they came to the brick kiln because they were offered Rs. 1000 as a cash loan by Savaru, Namuna and Namvar, for which they were asked to work at the kiln as a means to pay back their debts.They were also forced to bring their families to work at the kilns. They have been forced to work every day without a break, even when they are sick. Those who have complained have been tied up and beaten. Those who have wanted to leave, promising that they could arrange for payment of their debts by other means, have also been subjected to the same treatment. No-one has been allowed to leave. Apart from the three persons who came to the PVCHR, there are thought to be tens of other families facing similar conditions at these kilns.The weekly payment for the bonded labourers at the kilns is Rs. 100 per week. This money is used to buy food for the entire family to stay alive. It is not sufficient to begin aying back the debts. It is alleged that the owners of the kiln also sell families to other kiln owners or industrialists who are in need of labour.Suresh and Sitalu reportedly felt they could not return for fear of reprisals, however, Jagdish did return since his wife and his father were still at the kiln. Sitalu has informed PVCHR that the owners have agreed to free anyone if they pay Rs. 6000.00 (US 136) per person.PVCHR filed a complaint at the Chaubeypur police station and also with the District Magistrate of Varanasi about the case on February 19, 2006. However, on receipt of the complaint, the police, on the pretext of raiding the kiln to arrest the owners and to free the people, took into custody Mr. Sachinder and Mr. Chotelal, who were also being held under bonded labour. They were taken to the police station where the Station House Officer shouted at them, asking them why their colleagues had complained against the owners of the kiln. They were tortured and were threatened with further beatings if any more complaints were made against their owners. They were released on February 20, 2006, but only after having to pay Rs. 250.00 to Rs. 1000.00. They arranged payment of the money to the police by borrowing it from other persons. PVCHR took Sachinder to the District Hospital Varanasi the next day, where the doctor examined him and has provided a medical report detailing his injuries. A complaint, along with a copy of the medical report and a narration of the facts, was immediately faxed to the National Human Rights Commission. A second complaint and copy of the medical report was lodged with the District Magistrate on February 21, 2006. Yet another complaint was filed with the Senior Superintendent of Police on February 22, 2006. None of these complaints have as yet been acted upon.